How to Get A Visa From A U.S. Consulate.

Many of my clients believe that the primary criteria for getting a tourist visa from a consulate there is whether the consul deciding their application had a good breakfast that day. Despite the all-too-frequent appearance that the process is arbitrary and capricious, there are a few steps that applicants can take to increase their chances of walking out of the consulate with a visa instead of a denial.

Applications should be supported by documentation that supports the purpose for the visa. If you are coming for a wedding, document this with an invitation. If it's medical care, obtain a doctor's letter. If you intend to travel throughout the U.S. and visit certain tourist spots, come prepared with itineraries, reservations, hotel bookings in hand.

The applicant must show the consulate proof of their own money or other financial resources to support themselves or a relative who agrees to support them while here. This should be documented by bank statements or receipts or proof of salary. If it's a relative in the U.S. who is offering support, bring his tax returns or bank statements, or both. It's helpful to have him fill out and sign before a notary the Affidavit of Support form (I-134 form). [See Immigration Forms section of this website to download the form.]

It is also important to show "ties to the home country", in other words, property, employment or immediate family left behind that would cause you to return. Bring proof of your house or flat ownership. Bring a letter from your employment.

If you have traveled to the U.S. or other Western countries before, it's wise to point that out; it shows a propensity to return home after a visit abroad. Of course, this is only helpful if one returned in accordance with the time limits in their visa.

Finally, I find it helpful for the applicant to write a cover letter -- laying out exactly why he or she wants the visa, citing the financial and other ties to the home country, setting forth the basis for his financial support in the U.S. and referencing the documents attached. This gives the consul a summary of the whole package that he or she can read quickly. We live in a time when U.S. consuls give even less time to visa applicants than U.S. doctors governed by managed care give their patients. You need to make it simple for consular officials to understand the basis for your visa request and easier for them to grant it.

The Pitfalls of Visa Waivers.

Inevitably when I meet a client from Western Europe, who comes to my office to extend or change his visa, my first question is: Do you have a visa? And predictably, his answer is always: No, we don't need visas from the U.S. government to come here.

What they usually don't realize is that they are a lot better off with visas than without.

Citizens of virtually all of Western Europe and many other parts of the world qualify for "visa waiver status". This means that they can come to the U.S. without going to get a visa from the consulate. But there are strings attached to this benefit. Namely that without a visa, a person cannot extend or change their visa status here. They simply must go home within 90 days or else become illegal and subject to deportation.

There are many reasons why someone would want to extend their stay beyond 90 days. Business opportunities may arise while here which would justify a longer stay. People sometimes become ill or need medical treatment. Vacation plans can get extended or altered. Or maybe you just might fall in love. But don't fall in love with a visa waiver in your passport or you'll have to go back home in order to continue the romance.

The moral is: If you have any thought that you may wish to stay more than 90 days in the U.S., go to the trouble of applying for a visa at the consulate, explain your reasons for needing the visa, and then breathe easier knowing that you can stay longer here (usually six months) and you can extend or change the visa without problem, if necessary.