What should faculty, staff and administrators do if they encounter a student or scholar with a problem in getting a visa?

The following information has been adapted from the NAFSA Association of International Education advisory on this subject, consider the following tips:

A Contact the Auburn University Office of International Education (334-844-5766, intledu@auburn.edu)  The AU OIE has a copy of the NAFSA Adviser's Manual, which contains an excellent overview and explanation of the entire visa application process, information on consular policies, complete citations to sources of authority, and guidance in cases of visa denials.  We will gladly share this information with you.
B Review NAFSA's 10 points to remember when applying for a nonimmigrant visa.
C Go to the various links that we have provided on the home page for this site which includes US state department information and recommendations to their consular officers as well as for students.
D You can help by reviewing the US Foreign Affairs Manual on the issues reported by the students or scholars.
E Collect from the student or scholar all relevant information about the visa application, supporting documents used by the student/scholar, the interview with a consular officer (including the officer's name, if possible), and especially the reason(s) given by the consular officer for denying the visa (ask if anything was given in writing, refer to the state department cable on this topic).
F Please understand that there may be two perspectives to this process: that of the visa officer and that of the student.  The applicant's perception of what occurred at the consulate may differ significantly from the perception of the consular officer.  BE VERY CAREFUL WHEN DOCUMENTING THE INFORMATION.
G If you decide to contact the U.S. Consulate, first contact the Office of International Education so we can be aware and help with this process.  We need to know exactly which embassy/consular office the student went to and the date of any future appointment(s) if any.  We should direct correspondence to the consular officer who actually interviewed the student or scholar if at all possible.  Check the consulate's Web site to see if you can find e-mail addresses. Based on the NAFSA's Consular Affairs Working Group the AU OIE has prepared a sample letter, to be adapted and put on your departmental letterhead.  Additionally if you have a late arrival possibility here is a sample late arrival letter that you should read as it refers to possible serious financial complications for the students. Be sure to send a copy of your correspondence with the consulate to the visa applicant and the AU Office of International Education.  In fact the AU OIE will gladly assist with and attach a cover letter to your documentation as well.  Remember that the AU OIE issues the I-20 and IA_P-66 documents therefore the visa officer may already be familiar with the DSO/RO names for Auburn University.
H We HIGHLY suggest that you refrain from contacting congressional offices to request direct intervention unless the issue is clearly a case of an abuse of power.   If the situation results in less than satisfactory outcomes or even positive outcomes you should discuss with the OIE the possibility of  sending copies of the correspondence to our congressional representatives illustrating concerns about and the need to revise the law that governs the issuance of nonimmigrant visas for students and scholars.
I Advisers to foreign students and scholars who have dealt with a considerable number of visa denial cases over time caution that there can be no guarantee given that the foregoing will bring about a reversal of the consular officer's decision in a particular case. The burden of convincing the consular officer of the bona fides of the visa applicant rests upon the visa applicant in every case. Neither the concerns expressed nor the requests for reconsideration that are made in letters to consular officers written by advisers, faculty members, or senior university officials will necessarily bring about the desired outcome in some cases -- either because the applicant has evinced an intention to emigrate or to enter the United States for some purpose other than study.
In the end remember that the Visa Officer makes all the final decisions and that any effort by our institution to question or to otherwise become involved in that decision outside of providing supporting documentation and requesting their assistance may be considered inappropriate and detrimental to the applicant.

For more assistance contact the AU OIE director or assistant director at 334-844-5766, intledu@auburn.edu 

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This page was created and updated July 31, 2001.  Send questions to intled@auburn.edu

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