Integrity Legal

Posts Tagged ‘J-1 Visa China’

25th February 2011

It recently came to this blogger’s attention that the Department of State has proposed a final rule which would raise some of the costs and fees associated with the J-1 visa, a travel document designed for exchange visitors wishing to visit the United States of America. To quote directly from the Federal Register’s official website FederalRegister.gov:

§ 62.17 Fees and charges.

(a) Remittances. Fees prescribed within the framework of 31 U.S.C. 9701 must be submitted as directed by the Department and must be in the amount prescribed by law or regulation...

(b) Amounts of fees. The following fees are prescribed...

(1) For filing an application for program designation and/or redesignation (Form DS-3036)—$2,700.00…

(2) For filing an application for exchange visitor status changes (i.e., extension beyond the maximum duration, change of category, reinstatement, reinstatement-update, SEVIS status, ECFMG sponsorship authorization, and permission to issue)—$233.00.

The administration of this blog highly recommends that those interested in this issue click on the links above to read the Federal Register entry in its entirety.

Those who are unfamiliar with the J-1 visa should also note that this visa category is sometimes utilized by foreign nationals wishing to act as Au pairs in the United States of America.

Pursuant to the provisions of section 214(b) of the United States Immigration and Nationality Act (INA) Consular Officers at every US Embassy or US Consulate abroad are required to make the presumption that the applicant for a non-immigrant visa is actually an intending immigrant unless the applicant can provide evidence to overcome this presumption. This triggers a “strong ties” vs. “weak ties” analysis in the mind of the interviewing Consular officer. During such an analysis, the Consular officer will weigh the ties that the applicant has to their home country and compare these with the applicant’s ties to the United States. If the offficer feels that the applicant has stronger ties to a country abroad than to the USA, then the visa will likely be granted.

In some cases, applicants for a United States visa are denied. This would seem to happen more frequently in non-immigrant visa cases than immigrant visa cases, but this can, at least partially, be attributed to the stringent analysis that all Consular Officers must make during the adjudication of certain non-immigrant visa applications. Should a visa be denied, then it may be possible to request reconsideration of that decision. That said, appealing visa denials, especially denials pursuant to section 214(b), is difficult, if not impossible, pursuant to the doctrine of Consular Non-Reviewability (sometimes referred to as Consular Absolutism). This doctrine states that, with exceptions in rare and highly extreme circumstances, a Consular Officer’s discretion regarding the issuance of a visa is virtually absolute.

Some have pondered whether the provisions of section 214(b) applies to applicants for a K-1 visa. In point of fact, although the K-1 visa is a non-immigrant visa category similar to the J-1 visa; the K-1 visa applicant is not scrutinized subject to section 214(b) of the INA as the applicant for said US fiance visa is entitled to have immigrant intent at the time of the K-1 application.

more Comments: 04

10th January 2011

The following is the holiday closing schedule of the United States Consulate in Shanghai, China as quoted directly from the Post’s official website:

The Consulate, including the Nonimmigrant Visa Unit, is scheduled to be closed on the following dates in observance of year 2011 official American and Chinese holidays.

**        January 3          Monday          New Year’s Day
*          January 17        Monday          Martin Luther King, Jr.’s Birthday
**        February 2-6     Wed-Sun        Chinese (Lunar) New Year
*          February 21       Monday          President’s Day
**        April 5                Tuesday         Tomb Sweeping Day
**        May 1-2             Sun-Mon         International Labor Day
*          May 30               Monday          Memorial Day
**        June 6                Monday          Dragon Boat Festival
*          July 4                 Monday          Independence Day
*          September 5      Monday          Labor Day
**        September 12    Monday          Mid-Autumn Festival
**        October 1-5       Sat-Wed         Chinese National Day
*          October 10        Monday          Columbus Day
*          November 11     Friday             Veteran’s Day
*          November 24     Thursday        Thanksgiving Day
*          December 26     Monday          Christmas Day

*          Americans Holidays
**        Chinese Holidays
***      Chinese and American Holidays

Those who have read through this blog with any frequency may have already noted that the author routinely posts holiday closing schedules of US Posts as a courtesy to travelers abroad. Although the various websites of many US Missions post this information themselves, it can sometimes prove difficult to find for those who are in a rush or for those who have not previously used a US Embassy website. Furthermore, the administration hopes that by gathering many of these schedules together in one place it will prove beneficial for those American travelers and expatriates who routinely travel throughout Asia.

To visit the official homepage of the US Consulate in Shanghai please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or new visa pages for a previously issued US Passport are well advised to contact the American Citizen Services Section of the nearest US Consulate. Please note that some US Consulates abroad allow individuals to make an appointment with the Post to process their request. Making an appointment in advance can greatly streamline the processing of requests since Consular Officers can anticipate some of the needs of the customer prior to their arrival at the Post.

Those seeking visas such as the B-2 tourist visa, F-1 student visa, J-1 exchange visitor visa, or the B-1 business visa are likely to process their application through a Non-Immigrant Visa Unit abroad. Meanwhile, those seeking United States Lawful Permanent Residence for Chinese family members are likely to process their application through an Immigrant Visa Unit at a US Embassy or US Consulate abroad. For processing purposes, the K-1 visa, a non-immigrant US fiance visa, is generally treated as if it were an immigrant visa since the applicant is entitled to file for adjustment of status within 90 days of entering the USA and after legally marrying the petitioner.

Employment based visa categories such as the L-1 visa or Investor visa categories such as the EB-5 visa generally require the filing and approval of a US immigration petition from the United States Citizenship and Immigration Service (USCIS) before a visa application can be processed abroad.

For related information please see: US Visa China.

more Comments: 04

10th January 2011

Anyone who reads this blog with any type of regularity may have noted that the administration routinely posts the holiday closing schedules of various United States Missions in Asia, this is done in an effort to provide quick access to this information for those who are traveling outside of the USA. To quote directly from the official website of the United States Consulate in Guangzhou, China:

The Consulate is open from 8:30 a.m. to 5:30 p.m. Monday through Friday. We are CLOSED on the following American and Chinese holidays:

Date

Weekday

Holiday

Nation

January 3 Monday New Year’s Day US & China
January 17 Monday Martin Luther King, Jr.’s Birthday US
February 2 - 6 Wednesday – Sunday Chinese (Lunar) New Year China
February 21 Monday President’s Day US
April 5 Tuesday Tomb Sweeping Day China
May 1 – 2 Sunday – Monday International Labor Day China
May 30 Monday Memorial Day US
June 6 Monday Dragon Boat Festival China
July 4 Monday Independence Day US
September 5 Monday Labor Day US
September 12 Monday Mid-Autumn Festival China
October 1 – 5 Saturday – Wednesday Chinese National Day China
October 10 Monday Columbus Day US
November 11 Friday Veterans’ Day US
November 24 Thursday Thanksgiving Day US
December 26 Monday Christmas Day US

Those who wish to visit the homepage of the US Consulate in Guangzhou please click HERE.

Those seeking issuance of a Consular Report of Birth Abroad, new US Passport, or new visa pages for a previously issued US passport are well advised to contact the American Citizen Services (ACS) Section of the nearest US Embassy or US Consulate. Those seeking such services may find processing such requests mare efficient after making an appointment online. In many cases, making an appointment with ACS prior to arrival at the Mission provides Consular Officers with an opportunity to make preparations to better facilitate the processing of a specific request.

Those processing non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for temporary business travelers, the J-1 visa for cultural exchange students, and the F-1 visa for foreign students wishing to study in the USA; may be required to process their applicatyion through a Non-Immigrant Visa Unit abroad.

Those attempting to obtain a US Immigrant visa such as a CR-1 visa or an IR-1 visa in order to reunite with family in the USA may be required to process their application through an Immigrant Visa Unit at a United States Mission abroad. For purposes of application processing the K-1 visa (also referred to as a US fiance visa) is effectively treated as an immigrant visa since K-1 visa holders are entitled to apply for adjustment of status after arrival in the USA provided the couple marries within 90 days of the foreign fiancee’s arrival in the US.

For related information please see: American Visa China.

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.