General Information

Frequently Asked Questions

1. Why is it so difficult to get a U.S. visa?

Actually, it's not. Though the rules can seem strict, the vast majority of Slovak citizens who apply for visas at the Embassy in Bratislava receive them.  However, like at every American Embassy worldwide, a visa applicant must show that they are qualified under American law to receive a visa. If the visa applicant can't show that they are qualified, then the consular officer must turn down the application.

2. I was turned down for a visa and I don't understand why.

American visa law can seem quite complex. However, for almost all of the visa denials in Bratislava, one portion of American law – Section 214(b) of the U.S. Immigration and Nationality Act – is the key issue. This part of American law says that all consular officers must consider visa applicants as people who intend to immigrate to the U.S., and that a visa cannot be issued until the applicant shows otherwise. If there is any doubt or ambiguity on this issue, a consular officer has to turn down the application.

If a visa application is denied, the consular officer will always provide a written explanation of the relevant aspect of American law – we can provide this information in Slovak or English. Unfortunately, because of the number of cases we must process, we usually don't have enough time to go into lengthy explanations every time we have to say no.

If you really want to know more about the Immigration and Nationality Act, go to this website: http://uscis.gov/graphics/lawsregs/INA.htm

For a more detailed discussion about why visa applications are denied, please go to this website: http://travel.state.gov/visa/frvi_denials.html

3. Why does it cost so much to get a U.S. visa?

There is a standard fee worldwide of US $131. This fee is meant to cover all costs associated with the processing of a visa application: This includes data-entry, relevant security and name checks and advance reviews by a consular officer. The fee is mandated by the United States Congress.

Sometimes, citizens of certain countries will be required to pay an additional "visa issuance" fee if a visa is issued to them.  These fees are based on a concept known as 'reciprocity'; more information on this subject can be found at this website: http://travel.state.gov/visa/frvi/fees/fees_1341.html

4. Why doesn't the Embassy refund my money if my visa is refused?

The visa application fee which all applicants pay is meant to cover the costs associated with processing the application. These actions take place regardless of whether a visa is issued or not.

5. Do I have to know someone or say something special in order to get a visa? Do I have to have an invitation from someone in the U.S.?

No.  An invitation from a friend or relative in the U.S. you’d like to visit can help you explain why you want to travel to the U.S. or why you don’t expect to have to pay hotel bills, but many people travel on vacation without going to visit someone.  It is important that a visa applicant can provide a clear and understandable reason for travel.  An invitation from someone you don’t intend to visit or may not even know is not only not necessary, it may hurt your credibility during the visa interview.

6. If I get the visa, how long will I be permitted to stay in the U.S.?

That decision is made at the time you enter the United States and go through immigration and customs controls.  After reviewing your passport and entry card, a U.S. immigration officer (an inspector from the U.S. Bureau of Citizenship and Immigration Services) will decide how long you may stay in the U.S. on that particular trip and indicate it on a small form placed in your passport.  The immigration officer considers both what you intend to do in the U.S. and what type of visa you have.

The maximum length of time you can be authorized depends on the category of visa – for example, the maximum stay on a tourist visa is six months, whereas a person entering on a student visa could be authorized to stay for the entire duration of his planned education.  If you find that you need to stay in the U.S. longer than the period of time initially granted to you, you must contact the nearest office of USCIS to apply for an extension of your stay.   (For a more information, see http://uscis.gov/graphics/howdoi/extendstay.htm.)

It is important to note that the visa validity indicates how long the visa is valid for entry into the U.S.  It does not determine how long the traveler may remain there. 

7. I want to work in the U.S. What should I do?

Regardless of whether you want to work in the United States for one day or one year, you must first have a visa which permits you to work. Unlike Slovakia which requires separate Work Permits and Temporary Residency Permits before a foreigner is allowed to work, the U.S. issues specific visas that serve as all three – work permit, temporary residency permit, and entry document.   There are many different types of work visas (see Temporary Employment Visas), and most of them require advance coordination with an employer or agency in the United States. You should look carefully at the following websites before proceeding further.
http://unitedstatesvisas.gov/business.html
http://unitedstatesvisas.gov/business_temp.html

Finally, be careful! We want all applicants to know that it is illegal to work in the United States without the correct visa. The penalties for getting caught are strict, and there are many unscrupulous employers who are willing to cheat, mistreat or otherwise take advantage of workers in the U.S. who don’t have proper documentation

8. I want to study in the U.S.  What should I do?

You need to have a student visa if you want to study in the U.S. There are several different kinds of student visas, and you can learn more by looking at this website: http://unitedstatesvisas.gov/studying.html

In most cases, you will need to prepare and select a school in advance. We know that it can be difficult to do this from far away, so you may want to start by looking at this website: http://educationusa.state.gov/

Finally, it's important to know that it is illegal to study in the U.S. if you have not been issued an appropriate student visa.

9. I have a visa that's still valid, but it's in an old expired passport. What do I do?

Good news: Your visa is still valid, so all you need is a valid passport.  You can travel to the U.S. if you carry both your new, valid passport and your old passport with the valid visa inside (assuming the visa has not been damaged).   If your name has changed however, you should apply for a new visa in your new name to be put inside your new passport with your new name, and you'll have to pay a visa application fee and go through the regular application procedures.

10. Communique on the EU and the Visa Waiver Program.

United States officials met with members of the European Union in Brussels on October 18, 2006, to discuss participation in the Visa Waiver Program (VWP). They noted that U.S. visa policies and procedures are established in accordance with specific laws and legislatively mandated requirements. Legislation for the VWP requires the U.S. to review each country individually for purposes of determining compliance with requirements of the VWP. This should not be viewed as a reflection of the overall bilateral relationship with the U.S.; many countries not in the program are among the closest friends and partners of the United States.

Although changes to the existing requirements are currently under consideration by the U.S. Congress and have the support of the Administration, we cannot predict how or when such changes may be made.  Currently, the statutory requirements to qualify for the VWP are set forth in Section 217 of the Immigration and Nationality Act, and cannot be waived. Countries must first meet a threshold requirement of an average Tourist and Business Visa (B1 and B2) refusal rate of less than 3%. Once that threshold is met, the following criteria come into play:

 

While Greece and none of the new EU member nations meet all the criteria at this time (with the exception of Slovenia, who joined the VWP prior to EU accession), U.S. officials said that they would continue to review the situation in each country and make nominations for participation in the VWP if and when a country becomes eligible. This is similar to the approach used by most EU member states in defining which third countries qualify for "visa waiver" status according to the Schengen Agreement. U.S. officials reiterated the commitment of the U.S. Government to facilitate legitimate travel and trade between EU members and the United States, and look forward to the day when all EU member states meet the criteria to enter the VWP, and enjoy visa-free travel.