Ask The Consul

December 2011

U.S. Family Members and Friends of Visa Applicants

I have a Peruvian relative or friend that I would like to invite to visit me in the United States.  What can I do to help him or her get a visa?

The United States is an open society.  In order to enjoy the privilege of travel to the United States, foreign nationals have a responsibility to show that they are going to return abroad before they can be issued a non-immigrant visa such as a tourist or student visa. U.S. immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise by demonstrating a residence and ties abroad.

Visa seekers must make an appointment have an interview with a consular officer at U.S. Embassy Lima.  Information on how to make an appointment is available on the U.S. Embassy Lima website. 

Prior to their appointment date, visa applicants must fill out an online application through the Department of State website. All applicants are given the opportunity to list their U.S. friends and family members on their electronic application form. 

The visa interview is a private conversation between the consular officer and the applicant.  U.S. friends and family members may not accompany non-immigrant visa applicants to their visa interviews except in the cases of elderly people, who may be assisted by a relative or friend, and children, who should be escorted by their parents.

During the visa interview, a consular officer will review the applicant’s electronic application form and ask any clarifying questions.  Consular officers at the U.S. Embassy in Lima interview several hundred visa applicants each day.  The average visa interview lasts 2 minutes.  Officers at U.S. Embassy Lima prefer to use this brief amount of time to speak with applicants about their travel plans and ties to Peru, rather than reviewing documentation such as letters of invitation.

Because each applicant’s situation is different, each case is examined individually by a consular officer.  Every applicant must demonstrate that he or she has a residence outside of the United States and has strong ties that will require him or her to return to this residence after the conclusion of a temporary visit to the United States.  These ties may include socio-economic, professional, and family ties.  In cases of younger applicants who may not have had an opportunity to form strong ties, consular officers consider the applicant’s intent, family situation, and long terms plans.  Consular officers at U.S. Embassy Lima are aware of the diversity of family, professional, and/or socio-economic ties amongst Peruvian citizens and third country nationals living in Peru.  All visa applicants are given every consideration under the law; the law places the burden of proof upon the visa applicant.

Some relatives and friends of U.S. citizens or legal permanent residents may not be able to overcome the presumption of immigrant intent.  Consular officers inform visa applicants in writing of the reason of the denial at the conclusion of the visa interview.  Under U.S. immigration law, there is no appeal or reconsideration process for visa denials.  However, most visa denials are not permanent.  Applicants may reapply at any time and a different consular officer will evaluate their qualifications for a visa.  When deciding whether or not to reapply at U.S. Embassy Lima, applicants should consider if there has been a change in their circumstances since the time of last application or if there is new information that may be included on their electronic application.  Unfortunately, some applicants will not qualify for a non-immigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

Immediate relatives of American citizens or legal permanent residents may be eligible for an immigrant visa, which would allow them to move to the United States to be with their relatives.  Information on immigrant visas and how to file a petition is available on the U.S. Citizenship and Immigration Services (USCIS) website.  Congress sets a numerical limit on some types of immigrant visas; as such, some immigrant visa petitions may not be current.  Relatives of U.S. citizens and legal permanent residents may apply for a non-immigrant visa as they await their immigrant visa petition to become current.  However, like all non-immigrant visa applicants, they must demonstrate that they overcome the presumption of immigrant intent at the time of their interview.

U.S. Embassy Lima's Consular Section looks forward to interviewing relatives and friends of American citizens and legal permanent residents.  We promise to treat all applicants individually and use the limited time available to get as full a picture as possible of applicants’ travel plans and intentions.  Furthermore, we promise to treat all applicants with dignity and respect.  Read a complete list of our promises to visa applicants on the customer service statement on the Department of State website.