8/6/2005

The U.S. Department of State (DOS) issued a notice recently that changes who must be interviewed before obtaining a nonimmigrant visa from a U.S. consulate abroad. This cable was issued pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004.

The primary change is that all nonimmigrant visa applicants, ages 14 to 79, must be personally interviewed. Previously, interviews were required for persons between the ages of 16 and 60. The new age requirements match the biometrics age requirements, which have been in place for some time. There are limited waivers of this requirement. Candidates who now must be interviewed include:

• nonimmigrant visa applicants who are not nationals or residents of the country in which they are applying for an nonimmigrant visa;

• nonimmigrant visa applicants who have been previously refused a visa or who are listed in the Class security system 

• nonimmigrant visa applicants, regardless of age, from countries designated by the U.S. Secretary of State as state sponsors of terrorism

In most instances, foreign diplomats and foreign officials may still obtain a nonimmigrant visa without being subject to a personal interview. Waivers may be available for other individuals in limited circumstances, but most people who fall into one of the categories above should expect to have an in-person nonimmigrant visa interview before obtaining the visa.

The change in the age requirement will likely increase the number of persons who must have a personal interview. Therefore, it is even more important to schedule an nonimmigrant visa consular appointment as early as possible.

 

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