Nonimmigrant Visa Unit
General Frequently Asked Questions
What is the difference between a nonimmigrant visa and an immigrant visa?
Getting a nonimmigrant visa means that you will be able to travel to the United States and apply for admission as a temporary visitor. You cannot stay in the United States permanently on a nonimmigrant visa, and you generally cannot work. Getting an immigrant visa, on the other hand, usually means that you will be able to live and work in the United States for as long as you want. Please see our immigrant visa page for more information on immigrant visas.
How long am I allowed to stay in the United States on my nonimmigrant visa?
A nonimmigrant visa simply allows you to travel to the United States and apply for admission as a temporary visitor. An immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security, not the consular officer who issued you the visa, makes the decision as to whether or not to admit you to the United States and decides how long you may stay. If the immigration inspector decides to admit you, normally you will be admitted for a specific period of time (typically, up to six months). If you are admitted for a specific period of time, you must depart before your period of stay expires, and you generally cannot work. If you do not depart on time or if you work illegally, you may be subject to arrest and removal from the United States, and you may be ineligible to receive a visa in the future.
Depending on the kind of visa you have, the immigration inspector may admit you for “duration of status.” The immigration inspector generally will signify this by writing "D/S" or "DOS" on your entry stamp. This means that you may remain in the United States until you have completed your course of study or other activity for which you were admitted to the United States. A student who has completed his or her course of study and any authorized practical training is allowed the following 60 additional days in the United States to prepare for departure.
Note that a nonimmigrant visa is not a substitute for an immigrant visa. Persons wishing to remain permanently in the United States must apply for the appropriate immigrant visa abroad or apply for an adjustment of status in the United States.
What do the expiration date of my visa and number of entries mean?
The consular officer decides how long your visa will be valid (up to five years for Colombian) and how many entries will be printed on the visa (normally the visa will be a "multiple-entry" visa, but in some cases the consular officer will limit the number of entries). If you receive, for example, a multiple-entry, five-year visa, it means that you may apply for admission to the United States as many times as you wish over the next five years. Likewise, if you receive a one-entry, three-month visa, it means that you may apply for admission to the United States one time over the next three months.
The validity of your visa and the number of entries are completely separate from how long you are allowed to stay in the United States. As explained in the answer to "How long am I allowed to stay in the United States with my nonimmigrant visa?", an immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security makes the decision as to whether or not to admit you to the United States and decides how long you may stay.
My visa is going to expire while I am in the United States. Is that a problem?
No. At the port of entry, the immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security admitted you until a certain date or for “duration of status”. You are permitted to remain in the United States until that date or until you studies or other activity for which you were admitted is completed, even if your visa expires in the interim.
Is there a specific amount of money that I must have in the bank in order to qualify for a nonimmigrant visa?
No. There is no requirement that you even have a bank account, much less that you have a specific amount of money in an account. Section 214(b) of the Immigration and Nationality Act requires that the applicant demonstrate compelling ties to his/her place of residence. Economic ties, such as those that a bank account may demonstrate, are one kind of tie, but they are not the only kind of tie. Consular officers are trained to evaluate the totality of the applicant's circumstances to determine whether he/she qualifies for a visa. Please see the answer to "Why was my visa application refused?" for more information on Section 214(b) and ties.
How long do I have to wait to receive a nonimmigrant visa appointment?
Please visit our Visa Wait Times page to find out when the next available appointment is. If you have an emergency that does not permit you to wait for a normal appointment, contact our Visa Information Center to request an emergency appointment. We grant emergency appointments on a case-by-case, discretionary basis.
I want to travel to the United States for medical treatment. What do I need to do?
Receiving medical treatment is a permissible activity on a B-1/B-2 visa. If you want to travel to the United States for medical treatment, you must contact our Visa Information Center to schedule an interview appointment. If you have an emergency that will not permit you to wait for a normal appointment, make sure to explain your situation and request an emergency appointment when you contact the Visa Information Center. We grant emergency appointments on a case-by-case, discretionary basis.
In addition to the documents required of all B-1/B-2 applicants, we strongly recommend that applicants whose purpose of travel is to seek medical treatment bring the following documents/information to the visa interview:
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Detailed information (issued by a hospital or the attending physician in Colombia) concerning the nature of the illness or disability that requires medical treatment.
- Evidence that a medical appointment has been scheduled in the United States.
- Documentation from the U.S. hospital or physician concerning the projected cost of the medical treatment in the United States.
- Documentation concerning how the medical treatment will be paid for.
- A letter from the attending physician in Colombia explaining why the proposed medical treatment is unavailable in Colombia (if applicable).
Please remember that simply demonstrating that the medical treatment is necessary is insufficient to qualify for a visa; the applicant must also overcome the intending immigrant presumption of Section 214(b) of the Immigration and Nationality Act. You many wish to consult our list of suggested supporting documents.
My old passport has expired. My valid U.S. visa is still in the old passport. Do I need to apply for a new visa for my new passport?
No. Your U.S. visa is still valid. Simply travel with both passports. When you apply for admission at a U.S. port of entry, an immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security will inspect the visa in your old passport and, if he or she decides to admit you to the United States, generally will place an admission stamp in your new passport with the annotation "VIOPP" (Visa In Other Passport). DO NOT attempt to remove your visa from your old passport and glue it into your new passport. If you do that, your visa will be automatically invalid.
In order to help us conserve our human resources, we ask that you NOT apply for a new visa until your old one is about to expire. At that time the Nonimmigrant Visa Unit will place a new visa in your valid passport (assuming, of course, that you qualify for the new visa).
I have a visa that is about to expire and I would like to renew it. Do I have to go through the entire application process again?
Yes. Technically, there is no such thing as "renewing" or "revalidating" a visa. You must start from scratch each time you apply for a visa, even if you have a valid visa. Please consult our How to Apply for a Visa page for detailed instructions.
Am I allowed to have more than one kind of nonimmigrant visa simultaneously?
Yes. You may have more than one valid visa, but you must enter the United States with the appropriate visa consistent with your principal purpose of travel to the United States.
How do I apply for a humanitarian visa?
There is no such thing as a humanitarian visa. Consular officers are often faced with difficult decisions on cases with a humanitarian component; however, most nonimmigrant visa applicants must overcome the intending immigrant presumption of Section 214(b) of the Immigration and Nationality Act, regardless of how compelling their case may be from a humanitarian standpoint.
I do not live in Colombia. Am I allowed to apply for a nonimmigrant visa at the U.S. Embassy in Bogota anyway?
If you have Colombian nationality or are a permanent or temporary resident of Colombia, you may apply for a nonimmigrant visa at our Nonimmigrant Visa Unit. Please keep in mind, however, that the visa application fee is non-refundable, even if your visa application is refused.
Can my domestic employee apply for a visa to work for me while I am in the United States?
Yes. Domestic employees of nonimmigrants may qualify for a B-1 visa, which allows them to work temporarily in the United States for a specific employer. Please see our domestic employee (B-1) visa page.
Why was my visa application refused?
U.S. consular officers are only allowed to issue nonimmigrant visas to those applicants who qualify under the law. A visa can be refused for a variety of reasons. For example, your visa application could be denied if you have a criminal record, if you lie during your visa interview, or if you have lived in the United States illegally. There are many other possible reasons that a visa application can be refused. Please see 9 FAM 40.6 Exhibit I for an abridged list of ineligibilities (that is, reasons your visa may be refused). A consular officer normally will inform the applicant in writing of the basis of the refusal.
Section 214(b)
The majority of nonimmigrant visa refusals are made under Section 214(b) of the Immigration and Nationality Act. Section 214(b), which applies to all B-1/B-2 applicants (as well as to applicants for most other nonimmigrant visa classifications), presumes that an applicant is an intending immigrant (generally, that he or she plans to stay permanently in the United States or plans to work illegally) and places the burden on the applicant to convince the consular officer of the contrary. If the applicant fails to convince the consular officer, the law requires the consular officer to deny the visa.
Applicants overcome the intending immigrant presumption of Section 214(b) by showing that their overall circumstances, including social, family, economic and other ties to Colombia, will compel them to leave the United States at the end of a temporary visit. "Ties" are the various aspects of life that bind the applicant to Colombia, such as his or her family relationships, employment and possessions. Because each applicant's situation is different, there is no single factor that demonstrates compelling ties to Colombia. A visa denial under Section 214(b) is not permanent. Visa seekers may reapply for a visa at any time by following the instructions in the How to Apply for a Visa page. However, we recommend that they do so only if they believe that they will be able to show that they are eligible for the visa based on the guidance provided above. That is, we recommend against reapplying unless the applicant's family, professional or economic situation has changed sufficiently to warrant a change in the consular officer's decision.
Section 221(g)
Section 221(g) of the Immigration and Nationality Act is also a common basis for visa refusals. A refusal under Section 221(g) means that the applicant failed to submit some information or a document, or that some further review is required. When an applicant is refused under Section 221(g), the consular officer gives him or her a letter that explains what, if anything, the applicant needs to do.
If the letter asks the applicant to return to the Embassy with a particular piece of missing information (for example, birth certificate or job letter), the applicant must contact the Visa Information Center to schedule an appointment to return to the Embassy. If the letter informs the applicant that the Embassy will contact him or her when "administrative processing" is complete, this means there is no action required of the applicant.
I just applied for a visa, and the consular officer told me that the decision would be delayed because of “administrative processing.” What do you mean by “administrative processing”?
Administrative processing is a term that U.S. consular officers worldwide use when further study is required in a particular visa case. While we are not able to provide further details in such cases, nor can we predict how long administrative processing may take, there is normally no cause for concern on your part. We assure you that this process is completely normal and that we will inform you of the decision on your visa as soon as possible.
May I appeal a visa refusal?
There is no formal appeal or reconsideration process for visa refusals. Generally, the only option for a refused visa applicant who still wants a visa is to re-apply from scratch by following the procedures on our How to Apply for a Visa page.
How long after being refused a visa do I have to wait to re-apply?
You may re-apply at any time. However, you must start from the beginning of the process each time you apply (i.e., schedule a new appointment, pay the non-refundable application fee again and be re-interviewed by a consular officer). Please read our How to Apply for a Visa page. An exception to this rule applies to most refusals made under Section 221(g) of the Immigration and Nationality Act. If you are refused under Section 221(g), the consular officer will give you instructions as to how to proceed.
Why didn’t the consular officer look at my documents during the visa interview?
As we mentioned in our Points to Keep in Mind page, the personal interview with the consular officer (if one is required) and the information that the applicant provides in writing on the application forms are critical elements of the visa process. A consular officer often will determine an applicant's visa eligibility based on information provided orally during the interview and on the application forms, without referring to the supporting documents.
Should I get a lawyer to help me with my case?
The decision as to whether or not to hire a lawyer or other representative is yours alone. We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers. If you do hire an attorney or other representative, that person may help you to prepare your visa application but, except in the case of an E, H, L, P, or O visa, may not/not accompany you to the visa interview. In all cases YOU are responsible for the information that you provide to the Nonimmigrant Visa Unit.
I live in the United States and sent a letter to my Colombian relative/friend/business associate offering to pay for all of his travel expenses. I am financially able to cover the cost of his travel, so will he receive a visa?
Maybe. As explained in the answer to "Why was my visa application refused?", most nonimmigrant visa applicant must prove that they are not intending immigrants. Despite the assurances or good intentions of a relative/friend/business associate in the United States, an invitation serves merely to help establish that the applicant has a reason for traveling, and does little to help the applicant overcome the legal presumption of immigrant intent. A letter of invitation from the United States is not sufficient to qualify an applicant for a visa. Even if you send a letter that contains an offer to pay for the trip, an applicant who lacks compelling ties to Colombia will be denied a visa. Nevertheless, you should feel free to send your relative a letter explaining the purpose of the trip, the dates of the trip, and who will pay for the expenses. The applicant may bring the invitation letter with him/her to the visa interview.
Why do you have to take my fingerprints, and how much does it cost?
A strict background check has long been required for all visa applicants. As part of this check, we take electronic fingerprints of most of our applicants on the day of the visa interview. There is no additional charge for fingerprints.
I was arrested in the past. What should I do?
If you have ever been arrested for any reason, at any time and in any country, you must tell the consular officer during your nonimmigrant visa interview. Question 38 of Form DS-156 asks you whether you have ever been arrested. You must answer this and all other questions truthfully, and you must explain the details of your arrest.
Bring to your visa interview all documentation concerning any and all arrests, even if the charges were dropped or you were acquitted, pardoned or given amnesty. In addition, you must provide a copy of the statute under which you were arrested and a translation of the statute into English. The consular officer will review the evidence and make a decision as to whether or not you are eligible for a visa.
What is a waiver and how do I get one?
A waiver is a special authorization granted by U.S. Customs and Border Protection (CPB) of the Department of Homeland Security to put aside certain ineligibilities temporarily and allow a visa to be issued. Some frequently seen grounds of refusals at the Nonimmigrant Visa Unit that require waivers are Sections 212(a)(6)(C)(i) (misrepresentation) and 212(a)(9)(B) (unlawful presence) of the Immigration and Nationality Act.
The consular officer will inform you if you are potentially eligible for a waiver, and you will then let the consular officer know whether you are interested in pursuing a waiver. If so, the consular officer and/or the U.S. Department of State in Washington will recommend for or against the waiver, using the criteria in 9 FAM 40.301. CBP, which retains sole authority to approve or deny waivers, will make a decision concerning your case. If CBP grants the waiver, the consular officer will inform you promptly. Please remember that the Nonimmigrant Visa Unit cannot control how long a waiver decision may take. A CPB office in the United States makes the decision. There is no entitlement to a waiver; waivers are always discretionary.
What should I do if Form I-94 form is still in my passport when I return to Colombia from the United States?
U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security uses Form I-94 to record your departure from the United States. If you did not turn in your Form I-94 upon departure from the United States, it is imperative that you follow the instructions in this document.
I am often referred to secondary immigration inspection at the U.S. port of entry, or I am delayed when attempting to boarding aircraft in the United States. How do I report these problems?
Please consult the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP), a joint effort of the Departments of State and Homeland Security to welcome legitimate travelers while still securing U.S. borders. On the DHS TRIP webpage, you will find a wealth of information, including how to file a complaint.
I still have nonimmigrant visa questions. How can I find more information?
If you still have questions, please contact the Nonimmigrant Visa Unit.
I have feedback to share concerning the nonimmigrant visa process. How do I submit my comments to your office?
The Nonimmigrant Visa Unit welcomes your comments, complaints, compliments and suggestions concerning any and all aspects of the nonimmigrant visa process. Simply send us an e-mail at NIVBogota@state.gov with your feedback.