Embassy of the United States Jakarta, Indonesia

FAQ

1. Where do I get more information?
2. Do all NIV applicants have to come to the embassy for an interview and finger scanning?
3. I have a nonimmigrant visa that will expire soon and I would like to renew it. Do I need go through the whole visa application process again?
4. My passport has expired, but the U.S. visa in it is still valid. Do I need to apply for a new visa?
5. I have an old U.S. visa with indefinite validity. Is it still valid?
6. I have dual citizenship. Which passport should I use to travel to the United States?
7. What should I bring to my interview?
8. Why might I not quality for an NIV?
9. How can an applicant prove ties?
10. What if an applicant has already been refused?
11. What is “administrative processing?”
12. How do I read and understand my visa?
13. What will happen when I enter the U.S.?
14. My visa will expire while I am in the United States. Is there a problem with that?
15. I did not turn in my I-94 when I left the United States, what should I do?
16. My passport with my visa was stolen, what should I do?
17. My question wasn't answered here. Where can I get further information?
18. How may I complete departure verification?

 

1) Where do I get more information?

Additional, free information of the best quality is available by searching on U.S. government websites, http://www.usa.gov  is the most comprehensive.  http://travel.state.gov belongs to the Department of State, which is responsible for visas.  http://www.dhs.gov/index.shtm belongs to the Department of Homeland Security (DHS), which is responsible for entry into, and stays in, the U.S.  Our role is provide general information and make a decision on your visa or entry, we are forbidden by law from assisting you to qualify for a visa or entry, which is your responsibility alone.  We have limited ability to answer individual questions, and we insist that you attempt to find the answer yourself first.  Ultimately the only way for you to learn if you are qualified for a visa is to apply.

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2) Do all NIV applicants have to come to the embassy for an interview and fingerscanning?

Yes, for most applicants.  There are only a few exceptions to the interview and fingerscanning requirement.  The following applicants do not have to appear in person:

• Applicants not yet 14 years old or age 80 and older.
• Applicants for A1, A2 (official travelers on central government business), C2, C3 (central government officials in transit on central government business) or G1, G2, G3, G4 (central government officials traveling in connection with an international organization, or employees of an international organization).

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3) I have a nonimmigrant visa that will expire soon and I would like to renew it.  Do I need go through the whole visa application process again?

Yes, each NIV application is a separate process.  You must reapply in the normal manner, even though you had a visa before and even if your current NIV is still valid. 

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4) My passport has expired, but the U.S. visa in it is still valid.  Do I need to apply for a new visa?

No.  If your visa is still valid and unmarked or undamaged, you can travel with your two passports together (old and new), if the purpose of your travel matches your current NIV.  Also, the name and other personal data must be the same in both passports, and both passports must be from the same country and of the same type (i.e., both tourist passports or both diplomatic passports). 

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5) I have an old U.S. visa with indefinite validity.  Is it still valid?

No.  Effective April 1, 2004 all indefinite validity NIVs were declared to be invalid.  If you still have one of these old NIVs you must qualify for a new visa before traveling to the U.S.

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6) I have dual citizenship.  Which passport should I use to travel to the United States?

U.S. citizens, even dual citizens/nationals, must enter and depart the United States using a U.S. passport.

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7) What should I bring to my interview?

See How to Apply for a U.S. Visa.

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8) Why might I not quality for an NIV?

Around 80% of NIV applicants in Jakarta receive visas.  Some applicants’ applications may require further administrative processing after their appointment, others must return with more information and a few are ineligible because they are seeking an NIV for which they are unqualified by law.  Each applicant receives a colored paper explaining his or her outcome.  U.S. law makes clear that the burden of proving NIV eligibility rests only on the applicant and no one can guarantee that an applicant is eligible.  Some NIV applicants may be attempting to use a visitor (B) NIV to work or reside in the U.S.   Other applicants may have committed a crime on a previous visit to the U.S.  

Under the law, (section 214b of the Immigration and Nationality Act) all B, student (F), exchange (J) and some other NIV applicants must prove that they have a residence abroad they do not intend to abandon.  A residence abroad does not mean simply an address or a house.  It means a complete life, including social, economic or family ties that force a reasonable person in the applicant's situation to return home after a temporary stay in the U.S.   We look carefully at past travel to the U.S. and, for example, B visa applicants who have spent a lot of time in the U.S., even visiting close relatives, may be considered ineligible for another B visa.  Applicants who are ineligible for an NIV under section 214b may seek an Immigrant Visa (IV) to be in the U.S. for as long or short a time as they choose. 

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9) How can an applicant prove ties?

"Ties" are the various aspects of an individual's life that bind him or her to a particular place, such as a job, family, responsibilities, station in life or assets.  Because each applicant's situation is unique, it is difficult to say specifically what evidence of ties is likely to be convincing.  We look for the following information:

• Employment, length of time on the job, salary, responsibilities.  
• Financial assets not just to show sufficient funds to pay for a trip or study, but also to prove that an applicant has no reason to work unlawfully in the U.S.  Large amounts are less relevant than a solid financial or banking history over time, with regular deposits and withdrawals.  
• Self-employed applicants may have a history of profitable contracts, invoices, bills of lading, accountant's reports, tax returns and bank records showing regular, steady business activity.
• Applicants going for short-term training connected to their work, or study, should explain the training, or study, and how it fits in with their future plans here.  If they do not speak English, the U.S. school should explain how the applicant will overcome language deficiency.
• Applicants should be prepared to explain the purpose of the trip in detail, who they plan to visit and how their trip will benefit their business.  Faxes or letters from U.S. contacts can help.
• Letters of guarantee, even for close relatives, are of no help as they carry no weight under U.S. law.  We are required to look at the applicant's own situation and decide if he or she meets the requirements and intent of the law.

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10) What if an applicant has already been refused?

Please read our site on Ineligibility.

Further information on visa refusals is available here.

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11) What is “administrative processing?”

Very few organizations can make an immediate decision on an important application.  We are pleased to offer quick decisions on most NIV applications at the time of their appointment.  As is common in other situations, some NIV applications require more a more thorough review, regardless of the applicant’s prior visas, pressure from outside contacts or urgent need to travel.  We inform applicants in writing during their appointment of any need for “administrative processing.”  Most “administrative processing” is resolved within a few weeks, but timing will vary depending on individual circumstances, and we cannot predict in advance how long it may take.  We urge all NIV applicants to apply early, well in advance of their desired travel.  Please read our site on Ineligibility.

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12) How do I read and understand my visa?

As soon as you receive your visa, check to make sure all your personal information printed on the visa is correct.  If any of the information on your visa does not match the information in your passport or is otherwise incorrect, please contact us right away.  If the mistake was our fault, we will fix it quickly and without charge.

The expiration date of your visa is the last day you may use the visa to enter the U.S.  It does not indicate how long you may stay in the U.S.   Your stay is determined by DHS at your port of entry.  See "What will happen when I enter the U.S.?" below.  Your visa may expire while you are in the U.S.  As long as you comply with the DHS decision on the conditions of your stay, you should have no problem.

Further information on interpreting your visa can be found at Questions About Visas.

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13) What will happen when I enter the U.S.?

Your airline should give you a blank I-94 (or I-94W for visa waiver travelers) and a Customs Declaration form 6059B.  Each traveler must complete the I-94; only one Customs Declaration is required for a family traveling together.

Upon entry, a DHS officer will take your fingerscans and photo, and interview you about your eligibility to enter the U.S.  Remember that a visa only allows you to seek entry, the entry decision and conditions are made solely by a DHS officer.  More complete information is available on the website of DHS’ U.S. Customs and Border Protection.

Take a minute to look I-94 in your passport.  It will tell you how long you are permitted to stay.  Tourists are typically allowed up to six months.  Some travelers, such as students, are admitted for the duration of their studies.  But if you need to stay longer than first allowed, you must make an application to extend your stay with DHS’ U.S. Citizenship and Immigration Services, http://www.uscis.gov/portal/site/uscis, before your legal stay expires.  Should you violate the terms of your entry you may be subject to sanctions, including arrest, deportation and permanent visa ineligibility. 

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14) My visa will expire while I am in the United States. Is there a problem with that?

No.  You may stay in the U.S. for the period of time and conditions authorized by the DHS officer when you were admitted, which will be noted on the I-94, even if your visa expires during your stay.

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15) I did not turn in my I-94 when I left the United States, what should I do?

The I-94 or I-94W will normally be stapled to your passport by the DHS officer.  Do not remove it.  Airline personnel should remove it when you check in for your flight out of the U.S.  If you arrive home with the I-94 still in your passport, you are responsible for sending it with proof of your departure (e.g. a copy of your boarding pass, frequent flier statement or passport showing both biodata page and page with entry into a non U.S. destination) to:

DHS CBP ACS
1084 South Laurel Road
London KY 40744 USA

Do not give it to the U.S. embassy or any other office.  If you do not clear your departure properly with DHS you may be considered to have unlawfully remained in the U.S. and ineligible to reenter in the future.

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16) My passport with my visa was stolen, what should I do?

If your passport with a U.S. visa is lost or stolen while you are in the U.S., see Lost and Stolen Passports, Visas, and Arrival-Departure Records (Form I-94) at Travel.state.gov.  If you are outside the U.S., e-mail us at jakconsul@state.gov, listing your full name as written in your passport, date and country of birth, and any information about your visa.  You must apply in the normal manner to repace a lost or stolen visa.  Please be prepared to explain what happened to your old visa.

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17) My question wasn't answered here.  Where can I get further information?

After reading all pages on our website and searching U.S. government webites, you may write jakconsul@state.gov.  We will try to answer all inquiries, that we deem to be unique and not answerable by information on U.S. government websites or solved by applying, within 4 work days.

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18) How may I complete departure verification?

If you were ordered to depart the U.S. please come to the Consular section, U.S. Embassy Jakarta, with all family members who need departure verification, Monday-Friday, 9:00-9:30am, holidays excluded. Please be prepared for a 2 or more hour wait.  You must bring the following documents:

• Form G-146, Form I-210, or Form I-392
• Passports (both the old passport with US visa and the new one),
• Deportation order or any similar documents,
• Proof of the date of your departure from the U.S. (boarding passes and/or airline ticket.)  If you have lost your boarding passes and airline ticket, you must bring a letter from the airline with details on the date of your flight and flight number.  

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