Visas & Advice Detail
Perfecting the paperwork
In the third article looking at the stages involved in emigrating to the States, we learn about applying and waiting.
Once you decide which visa best matches your circumstances, there comes the unenviable task of the application process. This period of collating evidence that you fulfil visa criteria, filling in forms and sending them to various organisations, can be followed by a long, and sometimes nervous, wait. However, to alleviate feelings that your dream move has stalled, there are ways of using this time productively and making inroads into necessary pre-departure preparations.
Firstly, though, all applicants must complete some form of paperwork, depending on the visa category for which they are applying. "Every visa applicant must complete a Form DS-156," says Elliot Greene of Florida-based Legal Immigration Services. "Male applicants aged 16 to 45 must also complete Form DS-157. Both forms are available on the US Embassy website." These forms establish the history and details of non-immigrant visa candidates. "The DS-156 gathers basic information about the applicant," explains Norma Henning of Henning Law. "The DS-157 requires specific information about military training, international travel, special skills with explosives and chemicals, and membership of any groups."
This will seem like a relatively painless part of the process to most law-abiding people about to embark on the application process. The difficulty, however, lies in proving you meet the criteria necessary to qualify for your visa. "A visa petition is made up of some standard forms," comments Amanda-Jo Nicholson of Govoni International. "But mainly they are built on evidence and documentation which prove the applicant and/or their proposed business meet the relevant visa requirements. "Further to this, more documentation is included which explains the evidence given; showing how the evidence demonstrates that the applicant meets the specific immigration law requirements for the type of visa." Check before submitting your visa petition that you have documentation 'green-lighting' your application from the US Citizenship and Immigration Service (USCIS), or a special pre-qualification from the US Department of State (DOS). Other than in the cases of the E-visa (Traders and Investors), and B-visa (Tourist), this approval is essential before the US Embassy or Consulate will issue a visa. Before submitting anything to the US Embassy there are things you can bear in mind that will greatly improve your chances of a successful first-time application. This includes avoiding some obvious, but often made, errors. "The most common error is failure to plan correctly," says Greene. "It is pointless booking an appointment, completing the forms and spending the day waiting in line at the US Embassy, only to finally get to the window and have your dreams shattered in minutes when the Embassy officer tells you that you do not have the required information and documentation to obtain the visa you seek. "The key is not filling in forms, but knowing what supporting documentation is required ahead of the visa appointment." However, erring on the side of caution and bringing anything and everything you can think of to 'prove your worth' is not the approach to take either. "It is not acceptable to simply apply the 'everything including the kitchen sink' approach when sending the embassy evidence," warns Nicholson. "It is not the Embassy's job to prove you don't meet the criteria, but rather the applicant's job to prove that they do. If the Embassy has to wade through piles of irrelevant information, it is less likely that they will find the information they need. However, not sending in enough information can be detrimental too – obtaining balance is crucial."
As with any official form, of equal importance to accuracy is the truth, and the whole truth at that says Henning. "If you "forget" about an arrest a long time ago it may well result in a denial and a finding of fraud, which is hard to overcome. It is better to be forthcoming – not every run in with the law will automatically result in a denial – but an omission under oath has dire consequences." Entering the US via a business visa has added complications that cannot be overlooked. "In some cases clients have already purchased the business before they obtain the visa to legally run or work in it," says Nicholson. "This can prove very costly if the visa is not granted. As a general rule, it is best to have a third party (which can be a broker or attorney) hold the purchase funds in a regulated escrow account, pending the sanction of the visa."
Once your details are submitted and filtering through the system, there comes the waiting game. This may be a nervous time and, unfortunately, how long it takes differs in every case. Henning says the time you should expect to wait depends very much on the type of visa for which you are applying. "Among the non-immigrant visas, treaty trader and investor visas take the longest," she says. "This is because the Consul has to make a decision on the substance of the case. "For any other non-immigrant visa, you can call the Embassy or the Consulate where you reside and get an appointment over the phone. Waits are usually not very long. However, it is important to be pro-active as schedules are often influenced by the seasons, occasional staffing issues and special events." The US Embassy in London publishes approximate processing times you can expect your petition to face, which can be used as a guide. However, be aware that they are not guaranteed. "At present the Embassy in London is expecting a 120-day processing time for E-2 Treaty Investor Visa applications," says Nicholson. "However, in practice, it is taking a little longer for a client to be sent a letter requesting they attend the Embassy for an interview. Expect to wait around 120 to 150 days from when the application is submitted. "Depending on the availability of the applicant it can take two to three weeks to get an interview slot."
With L-1A Inter Company Transfer visas, extra time needs to be factored in as petitions need to be adjudicated by USCIS, then the applicant is interviewed at a US consulate.
However, as with most bureaucratic systems there are ways of speeding things along slightly, if you are prepared to pay the price. "Once submitted, a decision can be received in just 15 days," says Greene. "This is if you are prepared to pay US Immigration's $1,000 'Premium Processing' fee. Regular processing can be anywhere from one to six months." Before getting too excited, though, it should be pointed out that this fast-track service is not available for E-2 visa applicants. After the happy day when your petition is approved, there is still a matter of about a week to wait for your passport to be returned to you complete with visa.
You should also be aware that while you may visit the US, for a maximum of 90 days, on a tourist visa during your wait, you may not live there permanently and you may not undertake any work. Rather than sit back and wait for your move to be 'rubber stamped' though, you may use this time to your benefit. Assuming you are a strong candidate, and believe your application will be approved, then you might even use this time to go ahead and make serious steps towards your dream move to the US. "People from countries that enjoy social healthcare often underestimate the expense of providing medical insurance for their family," says Henning. "Definitely shop around. If you are able to get into a group through an employer – definitely do so. Otherwise, pre-existing conditions are almost impossible to insure."
Another consideration before your move should be one of the two inevitables in life: tax. "This is particularly the case for wealthy individuals," Henning comments. "Once you become a US resident, you will be required to disclose, and pay tax, on your worldwide income. "This is the case even on earnings of your foreign companies, whether or not these earnings have been paid out to you. "Dual taxation treaties do provide relief from paying twice, but sometimes the US taxes income that may be tax-free at home. For many, this can come as a real shock." As for preparations prior to getting confirmation of a successful petition, for brave souls this could include putting your house on the market and putting purchasing funds in escrow, for those planning to purchase an American business. "Whilst waiting for the embassy to adjudicate on their case, applicants can make numerous arrangements," says Nicholson. "Contact or visit US banks and set up personal bank accounts, get information on buying or renting houses, contact local schools regarding placement for children and also if there are any medical records or inoculations they will need to enter the school system. While you wait you might also contact removal firms for quotes and timeframes on shipping furniture."
For further information:
Legal Immigration Services
Henning Law
Govoni International
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