How long will it take to receive a visa?
Recent changes in U.S. laws governing visa policy and procedures have increased the amount of time it can take to obtain a visa. Applicants must apply early! Even with the visa processing improvements that have been made and will continue to be made, it is inevitable that delays will sometimes occur. Processing times will vary.
The State Department's goal is visa delivery no more than 30 days from the time of application in most cases, although cases that require administrative processing could take longer. Most administrative processing is resolved within 60 days of application. When administrative processing is required, the timing will vary based on individual circumstances of each case. Therefore, before making inquiries about status of administrative processing, applicants or their representatives will need to wait at least 90 days from the date of interview or submission of supplemental documents, whichever is later.
Applicants should plan to schedule a visa interview well in advance of his/her departure date. More information can be found by contacting the U.S. embassy or consulate where the applicant will apply.
How does a visa applicant qualify for a visa?
A visa applicant qualifies for a visa by being eligible under all applicable U.S. laws for the visa category for which he/she is applying. During the visa interview, the consular officer at the U.S embassy or consulate will determine if an applicant is qualified for the type of visa applied for.
The sole authority to approve or deny (called adjudicate) visa applications, under U.S. immigration law section 104(a) of the Immigration and Nationality Act, is given to consular officers at U.S. embassies and consulates.
What does being found ineligible mean?
If a consular officer finds an applicant ineligible to receive a visa under U.S. law, the visa application will be denied (refused), and the applicant will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons, called ineligibilities, are listed in the Immigration and Nationality Act (INA) and other immigration laws. Some ineligibilities can be overcome, either by the visa applicant or the U.S. petitioner, in certain immigrant visa cases. Other ineligibilities are permanent meaning that each time an ineligible applicant applies for a visa, he/she will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the Department of Homeland Security.
Here are some examples of visa ineligibilities, with INA references, which are explained further below.
The visa applicant:
For a complete list of all visa ineligibilities contained in the Immigration and Nationality Act, see http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
For further questions, contact the consulate or embassy from which the applicant applied. A full list is provided at http://www.usembassy.gov/