1) My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?

No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Ex. tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the United States port of entry (POE) the Customs and Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation “VIOPP” (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.

2) How long am I allowed to stay in the United States with a B-1/B-2 visa?

A B-1/B-2 visa allows you to travel to the United States as a temporary visitor for business or pleasure. Customs and Immigration Officers determine if you are allowed to enter the United States and for what period, not the Consular Officers who issued your visa. If the Immigration Officers decide to admit you into the United States, they will authorize you to remain in the country for a maximum period of six months. Such period will be noted by the Immigration Officer on your I-94 card (arrival and departure record). You must leave the country before your authorized period of stay expires and you will not be allowed to work while in the United States. If you stay longer than permitted or work illegally in the United States, you could be arrested and deported; consequently, you will be ineligible to receive a visa to the United States in the future.

3) What do the visa expiration date and the number of entries mean?

Consular Officers determine how long your visa will be valid for and for how many entries. In general “multiple entry”, visas are issued, but Consular Officers will limit the number of entries in some cases. For example, if you receive a multiple entry visa valid for five years, you can apply for admission into the Unites States as many times as you wish in the next five years. If you receive a one entry, three month validity visa, this means you can only apply for admission into the United States once within the next three months.

4) My visa will expire while I am in the Untied States. Is there a problem with that?

No. If the Customs and Immigration Officer at the POE admitted you into the Unites States for a specific period of time, s/he will note your authorized period of stay on your I-94 card. You will be able to remain in the United States during your authorized period of stay, even if your visa expires during the time you are in the United States.

5) Is there a specific amount of money that I should have in the bank to qualify for a B-1/B-2 visa?

No. There’s no requirement that you must have a bank account, or a certain amount of money in the bank. According to section 214(b) of the Immigration and Nationality Act (INA) of the United States, visa applicants are presumed to be intending immigrants and must demonstrate that they have a residence abroad that they do not intend to abandon. Economic ties will be examined along with other ties to the country of residence. Consular Officers are trained to evaluate the whole circumstances of the visa applicant and thus determine if they qualify for a visa.

6) What is the difference between an immigrant and non-immigrant visa?

A non-immigrant visa (B-1/B-2 visa is non-immigrant type of visa) signifies that you will be able to travel to the United States as a temporary visitor. You cannot stay in the United States permanently with a non-immigrant visa and in general you cannot work. With an immigrant visa, you will be able to live and work in the United States for as long as you wish to do so.

7) I want to travel to the United States to receive medical treatment. What do I have to do?

With a B-1/B-2 visa you may seek medical treatment in the United States. If you wish to receive medical treatment in the United States, you should contact our Visas Information Center (Call Center) to request an appointment. If you have a medical emergency that doesn’t allow you to wait for a regular appointment date and time, please explain your situation and request an expedited appointment when contacting our Call Center. Emergency appointments are granted on a case by case basis.

In addition to the necessary documentation required to apply for a B-1/B-2 visa, we recommend applicants that are traveling for medical purposes present the following documentation at the time of their visa interview:

• Report of diagnosis from your local doctor stating the reasons why you need medical treatment and why you need to go to the United States to receive such treatment;
• Proof of your medical appointment in the United States;
• Documents that show your appointment date and time, the doctor's name, and the name of the clinic or hospital you will be visiting in the United States;
• A letter or any other document from the clinic or hospital in the United States that states the actual cost or estimate of the medical treatment that you will be receiving. Please include the doctor’s fee, cost of hospitalization, and any other additional services that your treatment will require;
• A letter from the doctor or from the hospital in the United States showing that they have accepted the payment agreement and that public funds from the United States will not be used to cover the treatment expenses;
• Proof that you have adequate resources to cover the total cost of the medical treatment in the United States. This includes the cost of the trip, hotel, food, etc;
• In addition to the suggested documentation listed above, you must bring the documentation required to apply for a B1/B2 visa.

Please be advised that not all applicants seeking medical treatment in the United States will qualify for a visa. The visa applicant still must overcome section 214(b) of the Immigration and Nationality Act of the United States, which states that all visa applicants are intending immigrants until they can prove otherwise to the Consular Officer's satisfaction.

8) I have a visa that will expire soon and I would like to renew it. Do I need go through the whole visa application process again?

Yes, you will have to go through the whole visa application process each time you want to apply for a visa, even if your visa is still valid. For more information please visit our "Instructions on how to apply for a non-immigrant visa" section.

9) How can I get a humanitarian Visa?

A humanitarian visa type does not exist. Consular Officers have to make difficult decisions in humanitarian cases; nevertheless, every B-1/B-2 visa applicant must overcome the intending immigrant presumption, established by Section (214(b) of the Immigration and Nationality Act of the United States, no matter how critical your case might be from a humanitarian viewpoint.

10) I do not live in Uruguay. Can I still apply for a non-immigrant visa at the Consulate of the United States in Montevideo?

If you are a Uruguayan who does not reside in Uruguay, you may apply for a visa in Montevideo. However we recommend you apply in your country of residence, as it is very difficult for Consular Officers to verify the economic solvency or ties to the country of residency of applicants who don't reside in Uruguay. Please remember that the machine readable visa processing (MRV) fee is non-refundable.

11) Why was my visa application denied?

If the visa application was denied the applicant will ALWAYS receive a letter that explains the reasons why the visa was refused, at the end of the interview.

Types of letters that you may receive:

221(g) visa refusal: Insufficient documentation.

This letter indicates that the applicant needs to bring additional documentation required by the Consular Officer. There is no need to repay the machine readable visa (MRV) processing fee as long as the applicant returns to the Consular Section with the required documentation within one year. The Consular Officer will notify the applicant of the missing documentation. When the applicant has the necessary documents s/he can return to the Consular Section with the 221(g) letter and the required documentation any Tuesday from 11:00 to 12:00.

214(b) visa refusal: Insufficient ties with their country of residency.

This letter indicates that the applicant did not demonstrate at the time of interview that they have a residence abroad that they did not intend to abandon. We recommend that an applicant waits until their circumstances have changes considerably in Uruguay before re-applying for a non-immigrant visa. The refusal is not a permanent one, the applicant may reapply for a visa, but will have to get a new appointment by contacting our Call Center, pay the machine readable visa (MRV) processing fee again, fill out another form DS-156 electronically, bring a new 5x5 cm. photo and the required documentation.

For any other questions you can e–mail us at: montevideovisas@state.gov

12) I can appeal a visa refusal?

A formal visa refusal appeal process does not exist. The decision made by the Consular Officer at the time of the visa interview is final. However, you may apply for another visa if you wish to do so. We recommend that applicants wait until their circumstances have changes considerably in Uruguay before re-applying for a non-immigrant visa. The refusal is not a permanent one, the applicant may reapply for a visa, but will have to get a new appointment by contacting our Call Center, pay the machine readable visa (MRV) processing fee again, fill out another form DS-156 electronically, bring a new 5x5 cm. photo and the required documentation.

13) Why do you have to take my digital fingerprints and what purpose does it serve?

A strict security check is required for all visa holders. We fingerprint our applicants between the ages of 14 to 79 at the time of the visa interview. There is no additional fee for the digital finger prints.

In some cases, fingerprint information has to be sent to the United States for consultation before Consular Officers are able to continue with the visa process. Fingerprint results are not received immediately and delay are possible. We recommend that you apply for your visa two months before traveling.

14) I have been arrested in the past. What should I do?

If you have ever been arrested at any time in any country for any reason, you must inform the Consular Officer at the time of your visa interview. Question number 38 on the DS-156 form (Non-Immigrant Visa application form) asks if you have ever been arrested. You should answer this question and all the others truthfully or risk being made permanently ineligible for a visa.

Please present all the documentation related to your arrest at the time of the visa interview, even if your charges have been dropped, you’ve been exonerated or you have obtained amnesty. You should also present a copy of the law under which you were arrested. The Consular Officer will then evaluate the evidence presented by you and determine if you are eligible for a visa or not.

15) What is a "waiver" and how do I get one?

A "waiver" is a special request granted by the Customs and Border Protection (CBP) in the Department of Homeland Security (DHS) in the United States to temporarily overcome a visa ineligibility so that a visa can be issued. Some of the most frequent non-immigrant visa refusal cases that require a waiver are those refused under Section 212(a)(6)(C)(i) (misrepresentation) and Section 212(a)(9)(B) (illegal presence) of the Immigration and Nationality Act of the United States (INA).

Consular Officers will inform you if you are eligible to apply for a “waiver”. The Consular Officer and/or the State Department in Washington will make a recommendation for the visa waiver based on 9 FAM 40.301. Customs and Border Protection (CBP) is the only agency with authority to approve or refuse waivers. If Customs and Border Protection (CBP) approves your “waiver” the Consular Officer will let you know. Please remember that the Non-Immigrant Visa Unit has no control over the time required to make these decisions, since these matter is directly in the hands of the Customs Borders Protection (CBP) in the United States.

16) What should I do if my I-94 form is still in my passport when I return to Uruguay from the United States?

If you returned home with your Immigration and Naturalization Service (DHS) departure record Form I-94 (white) or Form I-94W (green) in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide DHS sufficient information so that they can record your timely departure from the United States. This will close out your earlier record of arrival to the United States.

If you do not validate your departure from the United States or if you cannot reasonably prove otherwise when you next apply for admission to the United States, DHS may conclude you remained in the United States beyond your authorized stay. If this happens, the next time you apply to enter the United States, your visa may be subject to cancellation or you may be returned immediately to your foreign port of origin.

In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the United Sates in the future without obtaining a visa from a United Sates Consulate. If this occurs and you arrive at a United States port-of-entry seeking admission under the Visa Waiver Program without a visa, United States immigration officers may order your immediate return to a foreign point of origin.

To validate departure, the DHS will consider a variety of information, including, but not limited to:

• Original boarding passes you used to depart the United States.

• Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and

• Photocopies of other supporting evidence such as:

-- Dated pay slips or vouchers from your employer to indicate you were in another country after you departed the United States.
-- Dated bank records showing transactions to indicate you were in another country after you left the United States.
-- School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States.
-- Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

Your statement will not be acceptable without supporting evidence such as noted above.

You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. The DHS cannot return original material after processing. To help DHS understand the situation and correct your records quickly, please include an explanation letter in English. You must send your letter and enclosed information only to the following address:

ACS-CBP SBU
1084 South Laurel Road
London, KY 40744
USA

Do not mail your departure Form I-94/I-94W or supporting information to any United States Consulate or Embassy, to any other DHS office in the United States other than the address above. Only at this location is DHS able to make the necessary corrections. We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

17) I live in the United States and I sent a letter in which I promise to cover the expenses of a relative/friend/associate in Uruguay when traveling to the United States. I have enough resources to cover all the expenses of his/her trip. Will the visa be approved?

According to Section 214(b) of the Immigration and Nationality Act of the United States, every non-immigrant visa applicant must prove to the Consular Officers’ satisfaction at the time of the non-immigrant visa interview, that they are not potential immigrants. An invitation letter only helps to establish the applicant’s purpose of travel to the United States, but it does not help them to overcome the presumption of them being intending immigrants. Therefore an invitation letter is not sufficient for a visa to be approved. You may however send a letter describing the purpose of the trip, travel dates and who will be paying for the trip expenses that the applicant can present at the time of the visa interview.

18) I have been deported or voluntarily departed the United States. What should I do?

If you have been deported or have voluntarily departed the United States please contact our Visas Information Service to schedule an appointment if you wish to apply for another non-immigrant visa.

You must present the following information in addition to the normal documentation:

• The passport that you used to travel to the United States (if applies);
• Form I-392 ("Notification of Departure"),
• The plane tickets that you bought for your entrance and departure form the United States;
• Boarding passes;
• All other documents related to your deportation or voluntary departure.

If DHS Officers' gave you form G-146 and asked you to "take it to the office of the nearest American Consul and ask him/her to return it to their office", please come to our Consular Section at the Embassy of the United States in Montevideo, Tuesdays of Thursdays from 2:00 to 4:00 p.m. with the same information listed above.

19) I have comments or suggestions related to the Non-Immigrant visa application process. How can I send comments to your Office?

Please send us an e-mail to our e-mail address at: montevideovisas@state.gov. Your e-mail will be answered within 48 working hours.