Saturday, October 1, 2016

Things to remember while entering USA

While Entering USA Top Things to Remember

A visa allows a foreigner coming from abroad, to travel to the United States port of entry and request permission to enter the U.S.
Applicant should be aware that a visa does not guarantee entry into the United States.
The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.
Student visitors must have their Form I-20 in their possession each time they enter the United States.
Students should review important information about Admissions/Entry requirements by the Department of Homeland Security, Customs and Border Protection.
Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US VISIT entry exist program.
In addition, some travelers will also need to register their entry into and their departure from the U.S. with the Special Registration program.
If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival Departure Record (Form I-94).
Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport.

Embassy contact information

Please contact the nearest United States Embassy for information on what documentation you may require to enter the USA.

Disclaimer:

The contents of these pages are provided as an information guide only, in good faith.
The use of this website is at the viewer/user’s sole risk. While every effort is made in presenting up-to-date and accurate information, no responsibility or liability is accepted by the owners to this website for any errors, omissions, outdated or misleading information on these pages or any site to which these pages connect or are linked.

Source and Copyright:

The source of the above visa and immigration information and copyright owners is the

The United States Department of State- URL: travel.state.gov
Nepal Embassy of the United States – nepal.usembassy.gov

The viewer/user of this web page should use the above information as a guideline only, and should always contact the above sources or the user’s own government representatives for the most up-to-date information at that moment in time, before making a final decision to travel to that country or destination.

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Overstaying on a Temporary U.S. Visa

By Admin 9:17 AM

Staying past the expected departure date on your U.S. visa can carry some serious consequences. For example, your visa will be automatically voided, and you won't be able to apply for a new visa at any consulate outside of your home country. In some cases, you may be barred from returning to the U.S. for a number of years, depending on how long you stayed and whether you fit into an exception or actually accrued "unlawful presence," which is a separate definition under the law. We'll look at this in more detail below.

How Long Did You Overstay?

First, let's be clear on when you were expected to leave. This would be the date shown on your Form I-94 Arrival/Departure Record. That's a different date from the expiration date of your visa, which is merely the last date upon which you could have used that document to enter the United States. So you'll need to count forward from the date on your I-94.
If you entered the U.S. as a student, your I-94 will likely say "D/S," for duration of status. That means your overstay begins when you stop studying or complying with the terms of your visa. However, for purposes of the time bars discussed in this article, the important issue is whether you actually accrued "unlawful presence," which students don't do unless an immigration official or judge has deemed them unlawfully present.

Did You Accrue Unlawful Presence?

It's easier to define what unlawful presence isn't than what it is. You won't accrue unlawful presence for purposes of the three- and ten-year time bars described below if and when you:

were under the age of 18
had a bona fide pending asylum application on file with USCIS
were a beneficiary of the family unity program (for families of people who received green cards as farmworkers or under the amnesty program of the 1980s)
had a pending application for either adjustment of status (a green card), an extension of status, or a change of status
were a battered spouse or child who entered on a nonimmigrant visa and can show a connection between the abuse and the overstay
were a victim of trafficking who can show that the trafficking was at least one central reason for your unlawful presence, or
had received protection via Temporary Protected Status (TPS), Deferred Enforced Departure (DED), Deferred Action, or Withholding of Removal under the Convention Against Torture.

For anyone else who overstayed a visa, it's likely that their unlawful presence time was adding up and can be held against them. And for people subject to the permanent bar, also described below, USCIS contends that these exceptions do not apply (though you would want to talk to a lawyer about this, as this is the subject of ongoing argument).

Time Bars for Accruing Unlawful Presence

There are three levels of penalties for overstaying a U.S. visa and accruing unlawful presence that can end with you being banned from the U.S. for a period of time -- or permanently.

If you accrue unlawful presence of more than 180 continuous days but less than one year, but you leave before any official, formal removal procedures (i.e. deportation) are instituted against you, you will be barred from reentering the United States for a period of three years.
If you accrue unlawful presence of more than 365 continuous days, then leave prior to any deportation or other formal procedures being instituted against you, you will be subsequently barred from reentering the United States for a period of ten years.
If you accrue unlawful presence of more than one year total (in the aggregate, not necessarily continuous), or are ordered removed (deported) from the U.S., and subsequently attempt to enter without inspection (for example, attempt to sneak across the border), then you will be permanently barred from the U.S., with no waiver available except to VAWA self-petitioners. (After ten years, however, you can request special permission to apply for a U.S. visa or green card.)

It's important to note that these consequences apply only if you depart the United States and attempt to return. In a few rare instances, people eligible for green cards can avoid the time bars by adjusting status within the U.S. -- that is, submitting all their paperwork to USCIS and attending an interview within the United States.
However, not everyone is eligible to adjust status. For example, people who entered the U.S. illegally (without a visa or other lawful admission) cannot adjust status. Such people would, despite being technically eligible for a green card, have to apply for it through an overseas U.S. consulate, at which time the time bars could be applied, unles they qualify for a waiver based on extreme hardship to a qualifying U.S. relative. But there's a way around this trap for some immediate relatives of U.S. citizens, if no other grounds of inadmissibility apply to them and they can prove extreme hardship to a U.S. citizen spouse or parent: They may be able to apply for a "provisional waiver" (also called the "stateside waiver") from USCIS, and make sure it's approved, before leaving for the U.S. consulate.

Eligibility for Waiver of the Three- and Ten-Year Bars

The waiver applies to intending immigrants who can demonstrate that if the waiver and visa are not granted, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship. But extreme hardship can be difficult to prove -- it means more than the hardship that any family member would feel upon facing separation due to denial of a visa. Medical, financial, educational, and other factors are taken into account.

Getting Help

If you have overstayed your visa, and wish to remain in the U.S. legally or return here in the future, or to apply for a waiver, you should definitely consult with a qualified lawyer as soon as possible. Your lawyer can evaluate how much unlawful presence you have accrued and explain any possible options for dealing with your visa overstay.

F1 Student Visa Application process

By Admin 8:00 AM

How to Apply for an F1 Visa

Any international student wanting to study in the USA will need to obtain a student visa for the USA. Most students are issued with an F-1 visa, and the general outline/process flow for obtaining an F1 visa is as follows:

Be Accepted at an SEVP Approved School

Before you can apply for your F-1 student visa for the USA, you must apply to and be accepted by a school approved by the SEVP.

Pay your SEVIS Fee and Receive your I-20

Once you’re accepted, you will be required to pay the SEVIS I-901 Fee in order to be enrolled in the Student and Exchange Visitor Information System (SEVIS). Then, your school will provide you with a Form I-20. This form will be presented to the consular officer when you attend your F-1 visa interview. If your spouse and/or children plan to reside in the USA with you while you study, they will be required to have individual Form I-20s, but they will not need to be enrolled in the SEVIS.

Complete the Visa Application

Applying for the F-1 student visa may vary depending on the U.S. embassy or consulate you are dealing with. You will be required to pay a non-refundable visa application fee. There is an online visa application available, which allows you to complete and print the Form DS-160 to take to your F-1 visa interview.

Schedule and Prepare for your Interview

You can schedule your F-1 visa interview with the U.S. embassy or consulate. Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. An F-1 student visa for the USA can be issued up to 120 days in advance of your course of study start date. You will only be able to enter the US with an F-1 visa 30 days before your start date.

The following documents are required for your F-1 visa interview:

A valid passport
The Nonimmigrant Visa Application, Form DS-160
The application fee payment receipt
A passport photo
A Certificate of Eligibility for Nonimmigrant (F-1) Student Status (Form 1-20)

Additional documents may be requested to prove your eligibility for the F-1 student visa, including academic transcripts, diplomas, degrees, or certificates. Test scores such as the TOEFL, IELTS, SAT, GRE, or GMAT may also be requested, as well as proof of your intent to depart the U.S. after your program is complete and proof of your financial stability.

Attend your F-1 Visa Interview

Your F-1 visa interview will determine whether you are qualified to receive an F-1 student visa for the USA. Assuming that you have prepared the appropriate documents and meet all of the F-1 visa requirements, your visa will be approved at the discretion of the consular officer.

You may be required to pay a visa issuance fee. Digital fingerprint scans will be taken for records. Your passport will be taken so that you can get your visa and you will be informed when you can get it back, either by pick-up or in the mail.

Keep in mind that visa issuance is not guaranteed. Never make final travel plans until you have your visa approved. If your visa is denied, you will be given a reason based on the section of law which applies to your ineligibility. Filing a waiver of ineligibility is possible in some cases.

Interview questions for student visa for USA

By Admin 7:27 AM

Questions during your F1 Visa Interview

International students interested in studying inside the US do not have it easy. Not only do you have to worry about being accepted into a desirable and competitive program at a US college or university, you also have to convince the US government to grant you an F-1 student visa in order to pursue your studies.

After a tedious F-1 Visa application process international students are put through a visa interview in English, which can be intimidating for those that use English as a second language. Not only will the students need to ensure that they attend the interview with all of the required documentation, they need to be prepared to answer specific, personal questions regarding their plans for study and stay in the US.

Knowing what questions to expect can be a huge advantage! Most questions will be related to these 5 categories:

Your University choice
Your Study plans
Your academic capability
Your financial status
Your post-graduation plans

Here are some sample questions and tips on how to answer these questions during your interview :

Questions about your university choice

Similar to your study plans, your choice of university is of interest to your interviewer. These questions will look to shed light on your qualifications as a student and future professional. Higher caliber university choices will be better regarded than little-known colleges or universities.

How many colleges did you apply to?

How many schools did you get admitted to?

How many schools rejected you?

Have you been to the US before?

Do you know your professors at that university? What are their names?

What city is your school located in?

Questions about your study plans

These questions will be similar to your university application essays and interviews. Simply enough, they are interested in your choice of pursuing higher education rather than joining the workforce. They are also interested in your choice to study in the US versus your home country or any other place.

Why are you going to the US?
What will you specialize in for your degree?
What will be your major?
Where did you go to school now?
Who is your current employer? What do you do?
Why are you planning to continue your education?
Can you not continue your education in your home country?
How will this study program relate to your past work or studies?

Questions about your academic capability

Not surprisingly, you will need to prove your capability to succeed in a US university during your interview. Your test scores, previous GPA, and previous study abroad can all be evaluated to determine your likelihood of success during your program.

What are your test scores (GRE, GMAT, SAT, TOEFL, IELTS)?

What was your previous GPA?

How will you manage the cultural and educational differences in the US?

How good is your English?

Why do you want to pursue a degree in the US?

Why not study in Canada, Australia or the UK?

what do you know about US schools?

Can I see your high school/college diploma?

Questions about your financial status

This is the most important piece of obtaining your F-1 visa. Regardless of your academic qualifications, you cannot be awarded an F-1 student visa without the means to finance your education. The cost of education in the US is much higher than other countries. It is important to investigate and have a solid financial plan. This plan should include more than just tuition expenses. You should consider housing, food, transportation, health insurance and all other relevant expenses.

What is your monthly income?

What is your sponsor’s annual income?

How do you plan to fund the entire duration of your education?

How much does your school cost?

How will you meet these expenses?

Who is going to sponsor your education?

What is your sponsor's occupation?

How else will you cover the rest of your costs?

Do you have a copy of your bank statements?

Did you get offered a scholarship at your school?

Can I see your tax returns?

Questions about your post-graduation plans

Technically, the F-1 student visa is only granted to those who plan to return to their home country after graduation. Although it is not impossible to stay in the US after your graduation, through programs such as OPT and H1B, it will be important for you to prove that you have ties and obligations, including family, property, or a job offer, that will lead to your return to your home country.

Do you have relatives or friends currently in the US?

What are your plans post-graduation?

Do you have a job or career in mind after you graduate

Do you plan on returning back to your home country?

What are your plans after graduation?

Are you sure you won't stay in the US?

Will you continue to work for your current employer after you graduate?

The most important thing to remember during your F-1 visa interview is to remain calm! Being well prepared is extremely important. Be sure to have all of the required documents with you so that you can focus on your interview questions. Answer all of the questions asked of you, and remember to be open and honest!

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