Our Top Ten Most Frequently Asked Questions

1. Why is it so difficult to get a U.S. visa?

Actually, it's not. Though the rules can seem strict, a large majority of Estonian applicants are actually granted visas when they apply at the Embassy in Tallinn. However, like at every American Embassy worldwide, a visa applicant must show that they are qualified under American law to receive a visa. If the visa applicant can't show that they are qualified, then the consular officer must turn down the applicant.


2. I was turned down for a visa and I don't understand why.

American visa law can seem quite complex. However, for almost all of the visa denials in Estonia, one portion of American law – Section 214(b) of the U.S. Immigration and Nationality Act – is the key issue. This part of American law says that all consular officers must consider visa applicants as people who intend to immigrate to the U.S., and that a visa cannot be issued until the applicant shows otherwise. If there is any doubt or ambiguity on this issue, a consular officer has to turn down the application.

If a visa application is denied, the consular officer will always provide a written explanation of the relevant aspect of American law – we can provide this information in Estonian, Russian or English. Unfortunately, because of the number of cases we must process, we usually don't have enough time to go into lengthy explanations every time we have to say no.

If you really want to know more about the Immigration and Nationality Act, go to this website: http://uscis.gov/graphics/lawsregs/INA.htm

For a more detailed discussion about why visa applications are denied, please go to this website: http://travel.state.gov/visa/frvi_denials.html


3. Why does it cost so much to get a U.S. visa?

There is a standard fee worldwide of US $131. This fee is meant to cover all costs associated with the processing of a visa application: This includes data-entry, relevant security and name checks and advance reviews by a consular officer. The fee is mandated by the United States Congress. (The rate in Estonian Kroons (EEK) is tied to the prevailing US$-EEK exchange rate and is re-evaluated every month. We will always post the current EEK fee on our website.)

Sometimes, citizens of certain countries will be required to pay an additional "visa issuance" fee if a visa is issued to them. (FYI: Estonian citizens do not need to pay a "visa issuance" fee.) These fees are based on a concept known as 'reciprocity'; more information on this subject can be found at this website: http://travel.state.gov/visa/frvi/fees/fees_1341.html


4. Why doesn't the Embassy refund my money if my visa is refused?

The visa application fee which all applicants pay is meant to cover the costs associated with processing the application. These actions take place regardless of whether a visa is issued or not.


5. Do I have to know someone or say something special in order to get a visa? Do I have to have an invitation from someone in the U.S.?

No. Consular officers don't want to hear artificial information or pre-rehearsed answers from visa applicants, and they're not going to be persuaded by fancy-looking invitation letters from a distant relative or a person you've never met. It's much more important that a visa applicant be able to provide clear and honest answers to questions which the consular officer might ask. Providing full and clear information on the visa application, and providing appropriate supporting documents is the best strategy to maximize your chances of getting a visa.


6. If I get the visa, how long am I permitted to stay in the U.S.?

That decision is made at the time you enter the United States by an inspector from the U.S. Bureau of Citizenship and Immigration Services (BCIS). The period of validity of a visa relates only to the length of time during which the holder may travel to the United States and apply for admission at a port of entry. It does not determine the length of stay. If, while you are in the United States, you find that you need to stay there longer than the period of time initially granted to you, you must contact the nearest office of the BCIS to apply for an extension of your stay. The BCIS has sole jurisdiction over such matters.

For a more detailed discussion, please go to: http://uscis.gov/graphics/howdoi/extendstay.htm


7. I want to work in the U.S. What should I do?

Regardless of whether you want to work in the United States for one day or one year, you must first have a visa which permits you to work. There are many different types of work visas, and most of them require advance coordination with an employer in the United States. You should look carefully at the following websites before proceeding further.

http://unitedstatesvisas.gov/business.html

http://unitedstatesvisas.gov/business_temp.html

Finally, be careful! We want all applicants to know that it is illegal to work in the United States without the correct visa. The penalties for getting caught are strict, and there are many unscrupulous employers who are willing to cheat, mistreat or otherwise take advantage of illegal workers in the U.S.


8. I want to study in the U.S. What should I do?

You need to have a student visa if you want to study in the U.S. There are several different kinds of visas, and you can learn more by looking at this website: http://unitedstatesvisas.gov/studying.html

In most cases, you will need to prepare and select a school in advance. We know that it can be difficult to do this from far away, so you may want to start by looking at this website: http://educationusa.state.gov/

Finally, it's important to know that it is illegal to study in the U.S. if you have not been issued an appropriate student visa.


9. I have a visa that's still valid, but it's in an old expired passport. What do I do?

Good news: You don't need to do anything! You can travel to the U.S. if you carry both your new, valid passport and your old passport with the valid visa inside (assuming the visa has not been damaged). However, if you want to do so, you may apply for a new visa to be put inside your new passport, but you'll have to pay a visa application fee.


10. Communique on the EU and the Visa Waiver Program.

United States officials met with members of the European Union in Brussels on October 18 to discuss participation in the Visa Waiver Program (VWP). They noted that U.S. visa policies and procedures are established in accordance with specific laws and legislatively mandated requirements. Legislation for the VWP requires the U.S. to review each country individually for purposes of determining compliance with requirements of the VWP. This should not be viewed as a reflection of the overall bilateral relationship with the U.S.; many countries not in the program are among the closest friends and partners of the United States.

The statutory requirements to qualify for the VWP are set forth in Section 217 of the Immigration and Nationality Act, and cannot be waived. Countries must first meet a threshold requirement of an average non-immigrant visitor refusal rate of less than 3%. Once that threshold is met, the following criteria come into play:

Issue a machine-readable passport that, after October 26, 2005, is biometrically enhanced according to ICAO standards;

Offer visa free travel to American citizens;

Certify that they report the loss or theft of blank passports to the U.S. Government;

Have a low rate of immigration violations and refused admissions.

The Secretary of the Department of Homeland Security, in consultation with the Secretary of State, must make a positive determination regarding the impact the country's potential VWP participation would have on U.S. national security and law enforcement interests. In the ongoing review of current VWP participants the factors considered include:

Terrorist and criminal threats in the country and efforts to address them;

Existence of formal and informal cooperation, including extradition; treaties, with the U.S. and international partners, such as Interpol; and

Effective border security controls, including citizenship and passport issuance procedures.

The Secretary of Homeland Security is required to submit to Congress a report on a country's qualification for designation as a VWP country, including an explanation of a favorable determination.

While Greece and none of the new EU member nations meet all the criteria at this time (with the exception of Slovenia, who joined the VWP prior to EU accession), U.S. officials said that they would continue to review the situation in each country and make nominations for participation in the VWP if and when a country becomes eligible. This is similar to the approach used by most EU member states in defining which third countries qualify for "visa waiver" status according to the Schengen Agreement. U.S. officials reiterated the commitment of the U.S. Government to facilitate legitimate travel and trade between EU members and the United States, and look forward to the day when all EU member states meet the criteria to enter the VWP, and enjoy visa-free travel.

You can learn more about this program at these websites:

http://travel.state.gov/visa/tempvisitors_novisa_waiver.html

http://uscis.gov/graphics/lawsregs/INA.htm