DS-160 IDIOSYNCRASIES

The DS-160 is an online form submitted to the US Department of State as part of a nonimmigrant visa application for temporary travel and work in the United States. At the consular stage of the nonimmigrant visa process, applicants must submit a completed DS-160 for all nonimmigrant visa categories, including applicants applying for K visas (additional information about the consular process can be found in my prior post). Consular Officers at US Embassies/Consulates worldwide use the information entered in the DS-160 to process the visa application and, along with other required documentation and a personal interview (with some exceptions), use this form to determine an applicant’s eligibility for a nonimmigrant visa.

The DS-160 focuses on the foreign national’s biographic data as well as schooling, work, and travel history. Since 2010 this form must be completed and submitted electronically. The main items needed to fill in the fields of the DS-160 are the passport (for biographic information and number, any prior visas, and reference to past international travel), the I-797 Approval Notice from USCIS (if applicable), any related documentation (such as SEVIS information if the applicant was a student in the US) and, importantly, a digital passport-style photo ready to upload (the specifications for this photo are exact, and can be found here). Some US Embassies/Consulates require foreign nationals to complete the DS-160 prior to scheduling a visa interview; others merely require that it be completed and submitted forty-eight hours prior to the interview date.

This post addresses frequently encountered idiosyncrasies and common questions when filling out the DS-160. It is important to note that the DS-160 is often updated and the questions included on the form may change, or new questions may be added without notice. Therefore it is important to check the US Embassy/Consulate website for the latest updates before commencing the form.

I have dual nationality, so I have more than one passport. Which passport should I use for the DS-160?
Except when applicants are applying for a visa where country of nationality can determine eligibility for a visa (e.g. Australians and the E-3 visa), foreign nationals should use the information from the passport they intend to have the US visa processed into to fill in the DS-160.

Can I answer the DS-160 questions in my native language?
No. All answers must be in English, using English characters only. The only part of the DS-160 that is an exception to this rule is where foreign nationals are asked to provide their full name in their native alphabet. DS-160s submitted in any language other than English will be denied and the applicant may be required to submit a new application.

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No Pants Subway Ride 2014

There are enormous and serious issues that divide and separate people and countries all over the world (regarding not only immigration but wars, terrorism, and poverty, among others). Yesterday, however, the world took a deep breath and was brought a little bit closer together (I like to think) by an important event: the annual No Pants Subway Ride. Originally started in New York City by Improv Everywhere "as a small prank with seven guys," the pant-less tradition has spread globally to sixty cities and twenty-five countries with over tens of thousands of participants. The premise is pretty simple: "Random passengers board a subway car at separate stops in the middle of winter without pants. The participants do not behave as if they know each other, and they all wear winter coats, hats, scarves, and gloves. The only unusual thing is their lack of pants." RT reports here, CNN has a slideshow, and the Aussies also got into the action. As did Bangalore, Bejing, Hong Kong, Kiev, and Mexico City, among others. Improv Everywhere's video of the NYC ride is below. Enjoy and let there be world peace.

The Chicago Tribune: "10 things you might not know about immigration"

The Chicago Tribune lists ten things you might not know about immigration. These include: 640 million people globally if given the opportunity would "move to another country;" Mexicans make up the largest group of legal immigrants here in the US; first generation immigrants are more likely to graduate college than Americans; and former President Bill Clinton "raised the purely theoretical possibility" about running for President in France.     

Jacki Granet: The DLG-Proust-Actors Studio Questionnaire*

Jacki Granet was born and raised in beautiful Santa Barbara, California. After what she describes as a “very stereotypical” and “really nice” childhood including frequent visits to the beach, youth soccer, football games on Friday night, a stint as captain of the high school basketball team (“We were terrible,” she says), she decided to attend college at the University of Wisconsin – Madison. “Most people who I meet constantly ask, ‘You’re from Santa Barbara, why did you ever leave?’” she says. “I just loved the Midwest, the big school. My dad’s college roommate went to Wisconsin Law School, and he always raved about it. It was the first school I got into. I applied and got in a week. The application was just a front and back piece of paper. I remember getting the acceptance and saying, ‘Like I would ever go to Wisconsin.’ But we went to visit in April, and I just loved it. It was beautiful. And it snowed and I still liked it.”

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Nonimmigrant Visa Processing Changes in Germany

On December 14, 2013, the US Embassy in Germany introduced a new nonimmigrant visa processing system for Consular Sections in Berlin, Frankfurt, and Munich. This new system is meant to be easier, quicker, and cheaper (see germany.usembassy.gov/visa and ustraveldocs.com/de for more information). The change is part of an initiative by the State Department to standardize the visa application processes at US Embassies/Consulates worldwide.

Prior to the December 14 change, in Germany, applicants would have to pay multiple fees and go through multiple steps to coordinate a visa appointment: completing the online DS-160 application; paying the visa application fee to a third-party contractor, Roskos and Meyer; calling to schedule the appointment (at the cost of €15 to phone and $10 to make the appointment); finally, applicants would need to purchase and complete a self-addressed return envelope for the visa’ed passport.   

Under the new process, applicants must still complete the online DS-160 application, but then they can go to ustraveldocs.com/de to pay the fee, schedule an appointment, and provide an address for return of the visa’ed passport. Alternatively, after filling out the DS-160 applicants can call 032-22109-3243 (within Germany) or 1-703-520-2560 (from the US) to schedule the appointment. Applicants only pay one fee: the standard visa application fee.  

The Department of State in its announcement claims that there are a number of benefits to the new system:

  • The current €15 fee to phone the call center and $10 to make an interview appointment online will be abolished.  Only a single application fee will be required at the time an appointment is scheduled.
  • The application fee can be paid in several ways, online using the “Sofort” system, online via EC or debit card, by electronic funds transfer or by Uberweisung.  Our old fee system required a minimum four-day delay before a payment cleared;, under the new system applicants, if paying online, will be able to book an appointment immediately.
  • Applicants will be able to see easily appointment schedules for Berlin, Frankfurt and Munich, and choose the post with the appointment date most convenient to them.
  • Applicants will no longer have to provide prepaid, self-addressed envelopes for receiving their visa’ed passports.  Applicants will designate the address where they wish to receive their passports when they make their appointments.  Passports will be delivered via registered mail.
  • Applicants will receive e-mail and/or SMS text messages when their passports are ready for delivery, or may track the shipment online.
  • Applicants requested to provide additional documentation at the time of interview may bring it to any Deutsche Post office for delivery – cost free – to the Consular Section.
  • Applicants who are subject to additional administrative processing will be notified by e-mail or SMS when their visas are ready for issuance, and can bring their passports to any Deutsche Post office for delivery – cost free – to the Consular Section.
  • The new application website offers several new functions, for example the ability to request emergency and group appointments online.

The use of the “ustraveldocs” contractor/system at other US Embassies/Consulates such as those in India, Australia, and China has created many improvements in efficiency and expense so we have high hopes for Germany!

The Wall Street Journal: "Why I Chose the Red, White and Blue"

Author and journalist Philip Delves Broughton writes in the Wall Street Journal on his decision to become a United States citizen:

I had been told that the 2013 model of U.S. citizenship was the lemon on the international lot. The Internal Revenue Service would have its claws into me for life. The jihadists would mark me as a demon of the Great Satan. Canada and Australia were more welcoming. Europe has a stronger social safety net. Asia has more economic opportunities. What was I thinking?...

I could simply have renewed my green card. But it no longer seemed enough, either in terms of rights or responsibilities. I was receiving the privilege of living here on the cheap.

And so he became a citizen at a ceremony conducted by the "89-year-old federal judge, Ellen Bree Burns, and an official from the Department of Homeland Security wearing a Stars and Stripes necktie." There was also a flag flown over the Capitol to mark the occasion.

Immigration Apps

Thirty years ago cells phones were the size of footballs and were limited to making and receiving phone calls. Now we can order dinner, email a coworker, and play Words With Friends with a cousin who lives across the country. The variety and sophistication of apps continues to multiply daily, and that includes apps related to US immigration law. We downloaded and tested some of these apps, and while nothing can replace the value of seeking professional legal advice from an attorney, these may be helpful tools to help with the US immigration process.

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Pocket DACA (free) on iTunes and Google Play – On June 15, 2012, President Obama signed a memo outlining consideration for deferred action for certain undocumented foreign nationals called Deferred Action for Childhood Arrivals (DACA). One great app we found is Pocket DACA. The app’s main function is to walk the user through the process of figuring out if he/she is eligible to apply for DACA. As users go through the requirements, the app either allows users to continue or stops and explains why the user is not eligible. It also asks follow-up questions depending upon the answers given. If the user makes it to the end of the brief set of questions, the user may enter his/her zip code and find local legal assistance. The app also features a helpful FAQ tab, which tells the user what forms to use, how much it costs to apply for DACA, and other pertinent information. The app also does a great job at updating its DACA news tab. Overall, this is a helpful app for users to find out if they are eligible for DACA.

CitizenshipWorks (free) on iTunes and Google Play – This is one of the most comprehensive immigration mobile apps we found and it is available in both English and Spanish. With this app, the user can determine eligibility for naturalization, learn about the process of naturalizing, find legal assistance, and study for the requisite citizenship test. Additionally, while there are dozens of citizenship tests available in the iPhone app store (ranging from free to $4.99), CitizenshipWorks has perhaps one of the best practice tests we found. Most other apps are set up as a multiple-choice test, which is not how the exam is actually given. CitizenshipWorks’ quiz is set up as a Q&A, best played with a friend. Indeed, the exam is giving orally and this will help the user practice speaking the answers out loud. In short, this app is helpful, easy to navigate, and practical.

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USCIS Helper (free) on iTunes – The user plugs in his/her receipt number, and the app will give the case status from the US Citizenship & Immigration Services (USCIS) website. This app is not affiliated with USCIS, so there is a disclaimer that the app does not guarantee the accuracy of the information. We did, however, check a case to test the app and the information was current and accurate. One drawback is that while the user can store multiple case numbers, there is no place to set an alert for the case number entered. Instead, the user will have to go into the app and check it manually instead of receiving an alert when the status of the case has changed; however, this developer, Spinach Mobile LLC, does have an app available for Android devices and on Google Play called USCIS Case Status Notifier that does just this. This feature on the iPhone could greatly improve the app.

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Best Time to Cross the Border (free) on iTunes and Google Play – The app, created by students at the University of California – San Diego, focuses on Mexican and Canadian border wait times. It provides information about entering the United States (not exiting) via foot or car from these countries. On this app, users can not only check current wait times, but can also search the best time to cross according to the average over the previous three months. It also breaks down the wait times according to passenger, commercial, and pedestrian lanes. It should be noted, however, that a quick search through the app’s reviews note several instances when the app was inaccurate.

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VisaProcs ($1.99) on iTunes – Like USCIS Helper, VisaProcs is a helpful and practical immigration app. The app provides current visa bulletin dates and visa processing times for various service centers, and while it is not officially affiliated with USCIS, when we checked information against USCIS.gov, it was correct. As with USCIS Helper, while these apps can be a convenient source of information, it is always safest to double-check on USCIS.gov (for free!) for the most current and accurate information.  

While we did find some helpful immigration-related apps here, we’re looking forward to a time when USCIS, Customs, and US Embassies/Consulates worldwide use smartphone apps in new and inventive ways to help navigate the immigration process. In the meantime, they are active on YouTube.

 

The Guardian: "Should Britain fear a surge of east European migrants?"

As the debate in the US over immigration reform continues into the new year, the UK is also facing their own immigration issues. It's over opening up the UK labor market to Romanian and Bulgarians, effective January 1, when labor restrictions for these Eastern European nationals expire. The Guardian has a debate over the issue, and a recent poll shows that 72% of British people aged 35-44 support rights of these Eastern European workers to come to live and work in the UK. The article notes that in  "spite of a surge of anti-immigrant rhetoric from leading politicians, British people are happy to accept migrants from the east of Europe who learn English, get a job, pay taxes and become part of their local community."

Despite the January 1 date, The Guardian reports that a "nervous coalition government has rushed out measures making new arrivals wait longer before they can claim benefits – and, more controversially, is calling for a wider debate on the principle of free movement within the European Union and perhaps even an EU migration cap." Aboard the first flight of the new year from Romania was Romanian Victor Spiersau, who said: "'I don't come to rob your country. I come to work and go home.'"