Frequently Asked Questions

How do you decide whether or not to issue a visa?
Section 214(b) of the U.S. Immigration and Nationality Act states:
"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to nonimmigrant status." To qualify for a visitor or student visa, you must overcome the presumption of immigrant intent embodied in U.S. immigration law. The law places this burden of proof entirely on you, the individual applicant. You must prove you have overwhelming ties abroad that will compel you to leave the U.S. at the end of a temporary legal stay. Failure to completely convince the adjudicating consular officer of your intent to return to China (or another home country) will result in a refusal of a visa application under Section 214(b). The consular officer is also required to assess the your credibility, including indications of possible deception that may cause the officer to doubt that you will lawfully comply with all the requirements of the non-immigrant visa (NIV) category in question. Failure to participate fully in the visa interview or to answer the visa officer’s questions will similarly result in a refusal.

Why does the U.S. have such strict visa laws?
The United States is an open society. Unlike many other countries, the United States does not impose internal controls on visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, foreigners have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

Do I have to have an invitation letter to get a visa?
While an invitation letter is not required by law, it can be a helpful tool in explaining your purpose of travel. Most applicants in Shanghai bring a letter explaining the reason for their trip to the United States. Letters in English are the most helpful since time may not permit the officer to read letters in Chinese.

I have heard that it is better to say that I am going for business than for tourism or to see relatives. Is this true?
No. Tell the truth. If your ties to China are adequate to overcome the presumption of immigrant intent (INA section 214b), a tourist visa will be issued. Problems arise if you mislead the interviewing officer about your intent in visiting the United States. Once a misrepresentation is made, we may find it difficult to believe other information you have supplied.

Shouldn't I conceal the fact that I have close relatives living in the United States, that I have an application to immigrate on file, and/or that I have previously been denied a visa?
The risks of fraud are serious. Applicants who provide incorrect information, conceal relevant facts, or misrepresent their cases may become permanently ineligible to enter the United States. All approved applications are checked against computer records to see if certain information on the application was truthfully presented. It is common in China for an applicant to have relatives in the United States or a petition to immigrate on file. These factors by themselves will not necessarily prevent approval of your application. Misrepresentation of these facts could cause your application to be refused but, or possibly become permanently ineligible from ever entering the United States.

Can my American friend speak with a visa officer about my case?
In order to afford American citizens an opportunity to speak directly with a consular officer, the Visa Unit will make an officer available every Tuesday afternoon from 3:00-4:00 p.m. Inquiries will be entertained on a first-come, first-served basis. All American citizens present by 4PM will have an opportunity to speak to an officer that day. No one will be admitted after 4:00 p.m. Please bring your U.S. passport for access to the Consular Section.

Only American citizens will be allowed to take advantage of this opportunity; citizens of other countries (including Legal Permanent Residents of the United States) will not be afforded this opportunity. As an alternative, inquiries about specific cases may be faxed to the Visa Unit at (86-21) 6217-2072. Replies are generally sent within four to seven business days.  

What can I do if I have a complaint about the application process or my case?
All visa applicants are entitled to courteous, efficient, and consistent treatment. If you feel you were treated improperly during the processing of your visa application, you should write to the Consulate and describe the circumstances. Your concerns will be investigated and corrective action taken where justified. Our fax number is (86-21) 6217-2072.