VISA MAIL-IN INFO

MAIL-IN EXPANSION


VISA MAIL-IN EXPANSION

1. BACKGROUND:  Historically, most applicants for US visas required an in person interview at a US Consulate abroad.  There were only narrow exceptions for those who had the same precise visa type within the last several years and were processing at the same U.S. Consulate (during the travel ban, many countries were not permitting anyone to waive their interview).  Under the new guidance, many more individuals will be eligible for mail-in processing including those who have been issued any type of US visa since 2008 OR even if the applicant has only ever travelled to the US on ESTA.  This is a game changer.

2.  NEW POLICY.  Now, the following individuals may be able to waive a visa interview and obtain their new visa through the mail (still through a US Consulate abroad).  Please keep in mind that every Consulate acts independently and it is not guaranteed tall US Consulates will offer this right away. Here are the requirements for those who are 14 - 79 years of age (for those below 14 and over 79, see below)
    • Visa Types:  The new policy only applies to the following visas.   
      • O visas (O-1, O-2, O-3), P visas (P-1, P-3), H-1, H-3, and H-4 visas., L visas (L-1, L-2), Q visas, M visas, J visas (academic only), F visa
    • Had Prior US Visa or Travelled to US on ESTA
    • Had Prior US Visa or Travelled to US on ESTA. This can be any type of previous US Visa issued after January 1st 2008 or those who have travelled to the U.S. on ESTA.  For ESTA it is unclear if the travel must have been after 2008 or not but seems that it is not required. 
    • Past Refusal.  Applicant has not been refused a visa (or ESTA) since the last visa was issued.
    • Last Not Lost or Stolen. Must still be in possession of last visa (not lost or stolen)
    • Last Visa Didn't Require A Waiver:  For ex., a criminal conviction waiver.
    • No Change In Name or Nationality.  Applicant hasn't changed name or nationality since last U.S. visa issued.
    • No Arrests or Convictions.  Other than minor traffic since last visa was issued.
    • Resident or Citizen of Country.  Must also be able to show that currently "reside" in Consular District where applying (i.e., have an address there in addition to being resident/citizen of that country)

3. EXAMPLES.

Yes.  Joao is a Brazilian citizen and obtained a B1/B2 (tourist visa in 2010).  He just had his O-1 petition approved and received his I-797B approval notice.  He still has his old B1/B2 visa, he has never been arrested, he has not changed his name or nationality, and he has not been denied a US visa since his application in 2010 for the B1/B2.  In this case, Joao can apply via mail in Brazil through the US consulate that has jurisdiction where he lives.

Yes.  Dan is a UK citizen and travelled to the US on ESTA in 2016, but he's never had a US visa.  Dan just had his O-1 petition approved and received his I-797B approval notice.  He has never been arrested, has not changed his name or nationality, and he has not been denied an ESTA renewal.  In this case, Dan can apply via mail through the US Embassy in London. 

Yes.   Pierre is a French citizen.  He applied for a B1/B2 in 2014 which was denied (and his ESTA was cancelled). However, he had an O-2 visa issued in 2016. He just had his O-1 petition approved and received his I-797B approval notice.  He has never been arrested nor has he changed his name or nationality.  He should be able to apply via mail through the US Embassy in Paris because his last visa in 2016 was approved (the denial was the prior B1/B2 in 2014).

No.  Pedro is a Brazilian citizen.  He has never had a US visa nor ESTA. Pedro just had his O-1 petition approved and received his I-797B approval notice. He cannot apply via mail because he's never had a US visa nor travelled to the US on ESTA.

No.  Bob is a UK citizen and has never travelled to the US nor held a US visa.  He did apply for ESTA and received it, but he never entered the US on ESTA.  He cannot apply via mail because he's never had a US visa nor travelled to the US on ESTA.

No.  Simon is a French citizen and had an O-1 visa issued in 2019. He just had his O-1 petition approved and received his I-797B approval notice. He was arrested in 2020 for a fight but the case was dismissed and he was not convicted. He cannot apply via mail because he's been arrested since his last visa was issued.


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