Student visas: the inside story By Donald Mattingley Judging from the capacity crowds that overflowed recent lectures on United States student visas, a lot of students want one. At informational programmes presented by the United States Educational Foundation in India (USEFI), hordes of students pepper the experts with questions about how to get this coveted U.S. visa. American Consular Officers who are the prime resource persons at these sessions are consistently amazed at the intense interest of south Indian students in pursuing higher studies in the U.S. At the conclusion of these visa-counseling sessions, students with a seemingly endless series of usually follow me to my car yet more questions about the visa process. Interest in U.S. student visas is heightened at this time of year as students prepare for the next academic session. To further improve the quality of our customer service and to meet the demands of the rapidly growing number of visa applicants in South India, we have changed our student visa procedures at the United States Consulate General in Chennai. For the first time - as of May 1, 2001 - all students will not be required to appear in person at the Consulate for personal interviews, but will instead submit their application materials via the drop-box facility at any of the three-box locations in South India. Although some students may subsequently be called in for a personal interview and some may be encouraged to wait until their circumstances change, most students will be issued visas without the need for appearing at the Consulate or speaking with a Consular Officer. The challenge lies in getting the word out to concerned students about the procedural changes. The sessions put on by USEFI are one way of doing this, as are this article and, most importantly, browsing the Consular Section's website at www.madras.sphynx.com. In this article, I want to try and explain the criteria we visa officers use to adjudicate student visa cases, explain the recent procedural changes and dispel some commonly-held student visa myths. Four key criteria Applicants for student visas are required, by U.S. law, to meet four key criteria before a student visa can be issued. Section 214 (b) of the Immigration and Nationality Act states that all visa applicants are intending immigrants until they prove otherwise. The U.S. law puts the burden of proof upon the visa applicant to prove the applicant is not an intending immigrant. All student visa applicants must therefore prove that they have strong economic, social and cultural ties to their home country, and that they intend to return to India upon completion of their studies in the U.S. Secondly, students must prove that they intend to and are academically capable of completing a full course of study in the U.S. Thirdly, students must demonstrate that they are capable of successfully completing U.S. studies taught in English language. And finally, students must demonstrate that they have sufficient funds currently available to pay for the entire first year of study, and that funds are or will likely be available for all additional years until the course of study is to be completed. This includes tuition and fees, living expenses, expenses of dependent spouses and children, and any other needs like school books and health insurance. Satisfying the first three requirements is generally very simple and straightforward for students in India. Most all of our student applicants have all or much of their family in India. Their parents, siblings, and relatives live, work and attend school here, have property and land here and have no current intention to immigrate to the U.S. It is of little doubt to officers that the rich heritage and culture of India makes for a very strong tie. Moreover, the large majority of our student applicants speak English, have already obtained bachelor's degrees at reputed universities in India, have taken standardised tests like the TOEFL and GRE and have proven their ability to succeed academically. The fourth requirement is often the largest hurdle that students confront. Living and going to school in the U.S. is a very expensive proposition. Tuition, housing, food, healthcare, transportation, not to mention clothing and entertainment, add up in a hurry. The high cost of higher education in the U.S. (even by the standards of your average American student), is compounded by the large disparity in incomes between an average American college student's family and an average Indian college student's family. An annual family income of three lakhs or the equivalent of about $ 6500, which is very good by Indian standards, is far less than the cost of a single year of university study at a U.S. educational institutional. Added to this challenge presented by the high cost of education in the U.S. is the fact that U.S. law prohibits all international students from seeking off-campus work during the first year of study. Financial pressure As a result, students who cannot afford the high cost of U.S. study frequently succumb to financial pressure and take up unauthorised employment during their studies, leave school altogether, or stay on to work illegally in the United States. There are, however, numerous ways for students to finance their U.S. education and prove their ability to pay these high costs. By far, the best option is a full scholarship or assistantship that covers an entire year's expenses. While the students still must show that they have or are likely to have funds available for all subsequent years of study, students in this category are very rarely found ineligible for a visa. There are also colleges that offer partial reductions in their fees to some students. Although we value these much less than a full scholarship or assistantship, they are still a good way to help students show that they are able to finance their education. Some students may also opt to pay for the first year's or the first semester's fees in advance and provide a letter and/or receipt from the university. This shows a student's level of commitment and provides credible financial evidence from the United States. We encourage students to explore the viability of this option with prospective universities before applying for a visa but we remind them that it is not a requirement in order to apply for a visa. Beyond scholarships and paying tuition in advance, there are no secret documents that can show proof of a student's ability to pay. The Consulate can only suggest what documentation is useful; the burden of proof is on the applicant. The new student visa procedure requires that all students first apply through the drop-box. While many will be issued visas without an interview, some students will be required to appear at the Consulate for a personal interview. If a student is requested to appear for an interview, the main benefit of the drop-box procedure is that an officer will have already reviewed the case and the interviewing officer will be better prepared to make an informed decision at the visa interview. The visa interview has long been a source of mystery, confusion, and nervousness (and myths) for students. What questions will they ask? Why did my friend get the visa and I did not? Why didn't the officer review all of my documents? When conducting interviews, we visa officers are merely trying to determine if the applicant meets the eligibility requirements for a student visa. We have very little time to conduct the interview, and must assess quickly whether the documents and answers establish the visa applicant's eligibility. The questions Consular Officers ask are based upon these criteria and are designed to help the officer quickly determine a student's eligibility. Any documents submitted by a student, especially financial documents, are only useful if they can be rapidly examined for the relevant information. How to apply So, how does one apply by drop-box? Good news - it's easy! First, assemble the following documents: A valid passport. The fully completed and signed visa application form (Of-156). One front-facing photograph, size 37 mm x 37 mm, and less than six months old. Demand drafts for the appropriate fees. Original I-20 from the university. Original TOEFL scores and SAT/GRE/GMAT scores (as applicable). For prospective master's degree students, original undergraduate degree certificate and marksheets (if the original degree or marksheets are unavailable, please submit provisional certificates and/or photocopies); bachelor's degree students may show their most recent marksheets or graduation certificate, as applicable. Proof of funds. Preferred documentation includes 6 months of bank records, employment letter(s) of sponsor and/or chartered account statements. Students who have obtained bank loans may also provide a letter from the bank stating the same. Additionally, students who have pre-paid any fees may provide a receipt and/or a letter from the university stating the same. Students receiving aid from their prospective university that is not indicated on the I-20 should provide a letter from the university stating the nature and amount of aid to be provided. Optional cover letter: Students with any special circumstances may also wish to provide an explanation in the form of a cover letter. It is important that students do not omit any recommended documentation. In order to qualify for a visa through the drop- box, a student's documentation must show that he/she meets all the criteria as previously outlined. Also, avoid the common pitfall of providing too much documentation - visa officers do not have the time to sort through a package of documents that rivals the Mahabharata in length! Students who submit incomplete, disorganised, and/or frivolous documentation can expect to be called in for a personal interview. Once the documents are in order, simply proceed to the nearest drop-box location. TT Services, the Consulate's authorised courier agents, maintains offices in Chennai, Hyderabad, and Bangalore. Processing time takes approximately 8- 10 business days, so it is important to allow enough time before the prospective university's reporting date. We wish to remind all students that they may not apply earlier than 90 days before the reporting date. Several myths Officers have reported hearing several of the following myths when conducting informational sessions for students: 1. There is a limit to how many student visas are issued each year, so if you apply too late you will be automatically refused. FALSE! 2. Anyone who is a medical doctor or is going to study medicine will automatically be refused. FALSE! 3. You have to pay the tuition in advance in order to apply for a student visa. FALSE! 4. If you do not meet a minimum score on any of the standardised test, you will automatically be refused. FALSE! You may have already guessed from the term ``myths'' that the answer to each of these questions is an emphatic ``NO!'' There is no limit on how many student visas are issued every year; there is no bar to visa issuance for medical doctors; there is no requirement that any tuition fees are paid in advance; and there is no minimum score for any standardised test. So the next time you hear one, know that they are just that: myths. A final question that many students have: What if I am found ineligible for a student visa after an interview? Consulate policy allows for only one personal interview per year. Students may apply for a review by posting their application to the Consulate, and, in some instances, may be called in for a second interview. However, students should only apply for a review if they have new information to present. It is important to note two things: (1) the burden of proof is on the applicant, and (2) to qualify for a student visa, a student must meet ALL of the criteria as listed in this article. Unfortunately, officers do not have the time at the visa window to give counselling to individual students. If found ineligible, review your case thoroughly. When you have new information to present and/or when your circumstances have changed, please feel welcome to apply again. In conclusion? As in years past, many bright and capable students from India will continue to pursue higher studies in the U.S. and will continue to represent a valued segment of college students in the U.S. We hope that the information in this article will help in getting even more Indian students to American universities. We developed these new procedures to make the process more transparent, customer-friendly and easier to comprehend. (The writer is a U.S. Visa Officer with the Consulate-General of the U.S., Chennai.)