What is a green card? What are the travelling conditions from India to the USA after securing one?
Peter G Kaestner, US Consul General, New Delhi answered these and many more visa-related queries during a recent chat on September 26: 'A green card is given to immigrants to the United States. In order to hold a green card, you should be a permanent resident of the United States. If you must leave the United States for some temporary period, it is usually not a problem, as long as you return within one year. The ultimate decision, however, rests with the Immigration Inspector of the Department of Homeland Security at the port of entry, who will make a determination as to whether or not you are still a permanent resident of the US. Some people try to "game" the system and live and work overseas while holding a green card.'
'The bottom line is that green cards are for permanent residents of the United States. People who are not living in the United States and expect their green card to let them back in run a risk of having their permanent resident status revoked.'
For those of you who missed the chat, here is the transcript:
Part II: US student visas and funding details
Peter G Kaestner, US Consul General, New Delhi says, Hi Everyone. I'm online now, and ready to answer your questions. I'll try to answer those that have more general applicability so that more people can benefit from the response. Looking forward to chatting with you all.
rahul asked, on a business visa, how can i make my wife travel along with me.
Peter G. Kaestner, US Consul General, New Delhi answers, Rahul, we encourage people to take their families along for business trips. The process is relatively simple, but you need to plan in advance. In Delhi, the soonest appointments are available in mid-November. In order to get an appointment, you need to log onto the VFS web site and follow their instructions. Hope your wife enjoys the USA!
ganesh asked, Hi Peter, My H1B is approved , I and my wife(dependant)want to fix appointment with US consulate.Is it possible to get same date for both?If we fix appointment with different date.will it create problem?
Peter G. Kaestner, US Consul General, New Delhi answers, Staying on the topic of wives (now you know I'm married too), it is possible to fix an appointment for immediate family members through VFS. Each family is considered one case for a visa appointment. On a separate note, I see we are getting a thousand questions. I'll try my best to answer a representative sample today.
Ashish asked, Hello Mr Peter, My question is , if a person is not in India while applying for H1 interview and the stay outside is for more than six months, which consulate (e.g. Delhi/ Mumbai etc) he should choose for appointment? Thanks Ashish
Peter G Kaestner, US Consul General, New Delhi answers, The guiding principle is the normal residence of the applicant. So, if you're from Delhi or its consular district (North India) then you should apply here. If you're from Mumbai, then you should apply in Mumbai.
Vinod asked, Hi ! Peter.My sister and her family stays at Dallas,Texas.I want a visa for me and my wife just to visit our relatives staying there.I am 35 yrs old and we have no intention of getting settled there.Can u guide us ? Regards
Peter G Kaestner, US Consul General, New Delhi answers, Sounds like a great idea. Visiting families fall into our tourism category, and like I said before, you need to plan in advance. From the way you have given me your age, it sounds like you may be nervous that you are young and may have difficulty getting a visa. Quite frankly, there is good reason that young people think they might have difficulty. Section 214(b) of our immigration law requires each applicant to prove to the consular officer interviewing them that they have a residence in a foreign country that they have no intention of abandoning. It tends to be a little harder for young people to prove that they are well enough settled in India to have the required "foreign residence" in order to qualify for a temporary visa. Typically, the kinds of things a Vice Consul looks for include professional, economic, social, or other ties or obligations to India. It is hard to guarantee or to predict exactly what would be needed in any circumstance or interview. If you are just starting out in your professional career, it may be better to postpone your trip until you are better settled. If you do apply, you should be ready to explain what it is that makes you want to return to India at the end of your temporary stay in the United States.
Ravi asked, My birthday fall on 9/11 would I have any problems getting a tourist visa
Peter G Kaestner, US Consul General, New Delhi answers, Your birth date will not have any effect on your visa application. By asking this question, you seem to be raising the whole issue of security and US visas post-9/11. It is true that after the terrible terror attacks in the United States in 2001 that our visa procedures were changed to make our system more secure. That said, we welcome legitimate travelers who qualify under our immigration law. The processing of visas takes a little longer now, because of our commitment to secure borders. However, our policy of open doors ensures that travellers can still visit the United States and be welcome.
dhingra asked, Hi, I need an appointment for my daughter to secure a visitors visa,we are frequent travellers to the US and I have a meeting scheduled for next week-but my daughters visa has expired. Thanks, Deepak
Peter G. Kaestner, US Consul General, New Delhi answers, On the VFS web site, there is an Emergency Appointments page. We hope to be able to help people who are in just your kind of situation. The important thing is why you have to travel. If it is something that cannot be changed, then you should be able to get an emergency visa appointment. Next time, plan ahead.
Ajay asked, Hi, I am applying for the B-1 visa through my company, In what scenarios we can get 10 years multiple entry visa?.
Peter G Kaestner, US Consul General, New Delhi answers, As a policy, we try to give all eligible applicants full validity visas (10 year multiple). One important matter is that the visa validity only affects the ability of the traveler to apply for entry to the United States. It does not have any relation to the time that someone may stay in the United States. It just means that you can take trips during a ten year period. At each entry, the Department of Homeland Security will determine how long you may stay.
garry asked, Hi Peter , i wanna do my mba from US ,how to go about h1 after my study .Can i apply for jobs while doing mba i.e can i change my student visa status to H1 while doin my study
Peter G Kaestner, US Consul General, New Delhi answers, Yes, while you're a student in the United States you are routinely allowed a year of practical training, which is really just a year of work. Many MBAs and others use that year to gain experience and look for temporary work upon which their H1 can be approved.
Prof asked, Can I have an L1 Visa and a B1/B2 business visa simultaneously? I dont have either and am already applying for my L1
Peter G Kaestner, US Consul General, New Delhi answers, There is no problem with having two different visas at the same time. B1/B2 allows you to travel for business or pleasure, but does not allow you to work. Work is generally defined as getting money from a US source for working. The L1 is a special type of visa that allows you to work and be paid, but there are many strings attached.
jay asked, sir, i already had a u.s visa B1/B2 multiple visa for 5 years which got expired in may 2005.do i need to attend apersonal interview again in the embassy for the visa?
Peter G Kaestner, US Consul General, New Delhi answers, Jay, whenever you apply for a visa, it is a new application. We do not renew or revalidate visas. Each time, a new fee, a new application, and a new interview are needed. The fact that you've had a recent visa should make the interview go easier, assuming that you used the visa properly!
vijayw asked, Hi,After getting green card and staying in usa for 5 months ,do one has to go back to usa within 1 year?? What are travelling conditions for usa from india after getting green card.
Peter G. Kaestner, U.S. Consul General, New Delhi answers, A green card is given to immigrants to the United States. In order to hold a green card, you should be a permanent resident of the United States. If you must leave the United States for some temporary period, it is usually not a problem, as long as you return within one year. The ultimate decision, however, rests with the Immigration Inspector of the Department of Homeland Security at the port of entry, who will make a determination as to whether or not you are still a permanent resident of the United States. Some people try to "game" the system and live and work overseas while holding a green card. The bottom line is that green cards are for permanent residents of the United States. People who are not living in the United States and expect their green card to let them back in run a risk of having their permanent resident status revoked.
Vinay asked, hi Peter I had to drop studies and start working.I am 28 right now and wanna start my studies again.I have a brother in Australia who will sponsor me fully.So if i am able to secure admission in some technical university in USA,what are the chances that i will be granted a student visa.
Peter G Kaestner, US Consul General, New Delhi answers, Vinay, sounds exciting. I hope that you do get your admission to a technical school in the United States. The United States Government has a strong commitment to promoting international students. In India, we give priority to student visa appointments, and we try very hard to issue visas to all legitimate student applicants. As I said before about Section 214(b), you should be ready to explain how you will return to India with the skills that you have learned in the United States.
prash asked, Hi Peter I have a H1B VISA with me which is valid for 2 more years. I went to US last year but the project I was interested in got cancelled so I resigned and came back to India to join my previous employer. Now if I apply for business visa will there be any problems?
Peter G Kaestner, US Consul General, New Delhi answers, No, there shouldn't be any problem, as long as you complied with the terms of your H visa while in the United States. The fact that you returned to India after you resigned and are now working here should make it easier to get a business visa.
Part II: US student visas and funding details