Frequently Asked Visa Questions

Student Visa FAQs handout

How do I qualify for a tourist, business or student visa?

To qualify for a visitor or student visa, applicants must show that they have a permanent residence and other ties to Nepal that would compel them to leave the United States at the end of a temporary stay. The law places this burden of proof on the applicant.

“Ties” are the various aspects of an applicant's life that bind him to his country of residence: his possessions, employment, social and family relationships. A combination of family, social and economic ties is usually required in order to convince a consular officer that an applicant would be compelled to return to Nepal. Applicants for student visas must also prove that they are qualified for a full course of study in the United States and that they seek to enter the United States for the purpose of pursuing a full course of study at a recognized learning institution.

Why are visa applications denied?

U.S. immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. In order to qualify, applicants must demonstrate that they have very strong ties to Nepal, and would be compelled by those ties to leave the United States after a short stay. Though every applicant’s circumstances are different, the current security situation in Nepal, together with a decline in the Nepali economy, make it very difficult at this time for many applicants to establish that they have sufficiently strong reasons to return.

Some applications are also denied under other sections of the law dealing with ineligibilities such as prior criminal convictions, prior fraud or misrepresentation in a visa application or public charge concerns.

Do I need an American sponsor?

No. Relatives and friends, even American citizens, can do little to help demonstrate a visa applicant’s sufficiently strong economic, social and family ties to Nepal. Recommendations, sponsorship letters and other forms of assurance from friends and relatives in the U.S. can help a consular officer to understand the reason an applicant is traveling, and to address the issue of an applicant’s support while in America. But having a good reason to go to the United States and having a place to stay while in the United States does not establish an applicant’s ties to his or her home country. Each applicant must qualify on the basis of his or her own circumstances in Nepal.

There is no provision in the law for American sponsors to guarantee an applicant's return to his or her home country.

Who can help me reverse a decision?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of interviewing consular officers to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Applicant can reapply for as many times as they wish. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances have changed considerably.

Repeat applicants should bear in mind that they will be charged a non-refundable application fee each time they apply for a visa, regardless of whether a visa is issued.