US Immigration And Passport Issues
Do you need information or have questions about US immigration and passport issues? You might find your answer right here!
Immigration Articles
- The L1 Visa - Using Your South African Business To Enter The USA (by Hendrik Pretorius)
Find out how you can use your foreign-based business to obtain an L1 visa to legally enter and work in the USA. Also learn about the benefits of the L1 visa. - Employment-Based US Visas (by Leon Versfeld)
Learn how the H1B visa works and which alternative employment-based US visas to consider when H1B visa caps are reached. - Green Cards Via The E Visa Category (by Karen Lee Pollak)
Learn how to get a green card (or green cards) via the E visa category, which includes the E1 visa and E2 visa.
FAQ - Immigration
- Got to renew your South African passport?
- Child born in the US?
- What is the Green Card lottery, and how do I enter?
- If I get US citizenship, how does that affect my South African citizenship? Can I be a dual-citizen?
- Can you help me get a job in the US?
- How do I get into the US (immigrate to the US)?
- I'm new in the US. Which shops sell the stuff I need?
- My South African family wants to visit me in the US. How do they get tourist visas?
Got to renew your South African passport?
Texas falls under the jurisdiction of the SA Embassy in Washington, DC. Although you get the necessary forms and information from the Consulate in New York, you have to submit your application to the Embassy in Washington, DC. You have to work through the embassy, i.e. you're not allowed to send your renewal application directly to Pretoria.
Contact the SA Embassy at 3051 Massachusetts Ave. NW, Washington, D.C. 20008. Tel: (202) 232-4400. Fax: (202) 265-1607.
To get the application forms and all other relevant information, go to the Home Affairs section of the Consulate in New York. Here you can find all you need for a regular tourist passport and for a child passport. (When obtaining the forms, take note that the form for fingerprints, BI-9, is not downloadable. You have to request one by mail and send in a self-addressed stamped envelope along with the request.)
Make sure you send in the correct fees. You also have to send in two copies of the application and supporting documentation, i.e. fill it out and then make a copy of everything.
Processing of a new passport application can take 6 months or more. If your travel to South Africa will take place within the next 6 months, apply for a temporary passport as well. Keep in mind, however, that temporary passports are being phased out and will only be issued in cases of real emergencies, e.g. death or illness (vacations don't count). Temporary passports are processed at the Consulate or Embassy in the US, and processing time is 3 weeks.
This whole process for obtaining a new passport is cumbersome and time-consuming. It is probably a good idea to keep an eye on your passport's expiration date and start the process of obtaining all the forms about 9 months before expiration of your current passport.
Child born in the US?
If your child was born in the USA, he/she is a US citizen (even if you are not) and is entitled to a US passport. Contact your local authorities and get a copy of your child's birth certificate. Certain Post Offices have been appointed as passport agencies. (Be aware that some of these Post Offices require an appointment, even if their page on the USPS website says they don't require it. Call to be safe!) You can get the application form at the Post Office and also have the pictures taken there.
Because you are a South African citizen, your child is also entitled to South African citizenship. Here is how to register your child's birth.
What is the Green Card lottery, and how do I enter?
The Green Card lottery is a lottery in which the prize is a Permanent Residence visa, more commonly known as a "Green Card". It is run annually by the US government, and there are 55,000 visas available each year. The process is more or less as follows:
- Entrants send in their entries during a specified time period. Each entry is assigned a number.
- A computer randomly draws 100,000 numbers and these people are invited to apply for a US immigration visa.
- The applications for the visas are reviewed on a first-come-first-served basis, and if the paperwork is in order and visas are still available, you will be notified of an interview date and location.
- The interview takes place, and if all goes well (it should), you are issued an immigration visa. This is not the green card yet.
- Upon entry in the US, you get a temporary green card in your passport. The real thing arrives by mail about 6 weeks later.
We want to stress that it doesn't cost anything to enter the green card lottery. The first time you have to pay any money, is when you pay an administration fee at the time of the interview.
Watch out for companies who charge a fee to enter you in the lottery. They often try to create the impression that they can improve your chances of winning, citing all kinds of statistics of past successes. They may have had past successes, but they can't improve your chances - they can only make sure you don't get disqualified because of an incorrect entry. You don't have to make use of their services. The entry process is simple. If you can follow instructions, you can easily do it yourself.
There are websites who will try to scam you into sending them money. Watch out for them! This has become such a big problem that the US government now even posts warnings about green card scammers on their website.
For more information, go to the US State Department DV Lottery website. You can also look at the instructions for the latest lottery to get important information and an idea of how simple the entry process really is.
If I get US citizenship, how does that affect my South African citizenship? Can I be a dual-citizen?
There is lot of debate about whether this is allowed by the US. Some argue that the renunciation of all foreign allegiances during the US citizenship oath ceremony effectively means you are giving up your previous citizenship when taking the oath. However, as far as I can tell, the US govt. tolerates it. I believe the official position of the US Dept. of State is that they don't encourage it, but they also don't go after people who hold another nationality in addition to US citizenship.
From the South African govt's point of view, yes, you can be a dual-citizen, but you have to apply with the South African government to retain your South African citizenship before you start your US citizenship process.
There has been some confusion on exactly what the requirements are from the South African government's side. This article on the SA Consultate in New York's website, while attempting to remove all confusion, has led people to believe that, after Sep 2004, there is no further need to apply for any letters from the SA government.
However, the article only addresses one aspect of this issue, namely traveling on a foreign passport. Before 2004, in accordance with Article 9 of South African Citizenship Act of 1995, you had to apply for permission to use the US passport you would be receiving after gaining US citizenship. Article 9 has been repealed in Sep 2004 and you no longer need to apply for permission to use a foreign passport.
Unfortunately the article doesn't mention that Article 6 of the South African Citizenship Act of 1995 still stands. Article 6 requires that you apply for permission to retain your South African citizenship before you acquire any other citizenship.
To summarize, here's how to go about getting dual citizenship:
- Apply for permission to retain your South African citizenship. Contact your closest SA Embassy or Consulate for details. If you live in Texas, contact the SA Embassy in Washington, D.C.
- After receiving your permission letter, go through the US citizenship process.
- After getting US citizenship and a US passport, use your South African passport to enter or leave South Africa, and you are free to use your US passport for all other travel.
Please be aware that the information above may change. It is up to you to verify it.
Can you help me get a job in the US?
This is a question we get a lot!
In short, no, we can't help you get a job the US. We are not an employment agency and we don't have any special contacts in the world of US employment. So please don't send us your CV or résumé! We wouldn't know what to do with it!
The best we can do is to offer some advice, or tell you how things work, but that's all we can do. If you are interested in coming to the US, read our answer to the question, How do I get into the US?
How do I get into the US (immigrate to the US)?
This is a another question we get a lot! There is almost not a month that goes by without a South African emailing us to ask how get into the US. So don't feel alone if you're wondering about it!
In a nutshell, not easily (although many in Texas won't believe that)!
The problem-free way to get into the US is to win in the green card lottery... if you're lucky enough to win! If you win, you enter the US and can work for whoever you want, and can change jobs whenever you like. You can do everything a US citizen can do, except to vote. This option also allows you to become a US citizen after certain residency requirements have been met (usually 5 years).
The next option is to try to find a job in the US, and that requires that you get a H1-B work visa. Many South Africans used to come to the US on a work visa, and many still do. However, it has become much more difficult to get a H1-B visa. You basically need to find a job at a company who is willing to sponsor the H1-B visa. Fewer and fewer companies are willing to do that these days due to a good supply of US workers. If you have rare skills, your chances are much better. Nurses are apparently in short supply. As I said, for this option, your first step is to find a job with a US company who is willing to sponsor the H1-B visa. To do that, start off at a jobs website like Monster.com to search for jobs and create a résumé (CV) in the format that US companies like. Also read these tips about writing a résumé. After you have the job and are in the US, your next step is to pursue a Green Card.
Some people marry US citizens, but that only works if the marriage is genuine. If there is any doubt, the US govt. will scrutinize the marriage carefully to determine if it is genuine. (Remember the movie, Green Card?) After the marriage, you can apply for a Green Card.
If you have a business in South Africa, the L1 visa may be an option for you. Read our article about using an L1 visa to enter the US.
These are the major legal ways to immigrate to the US. There are other ways too. See the
US State Dept website for more information.
Given the difficulty of entering the US these days, if you are serious about leaving South Africa, you may want to look at other countries like Australia, New Zealand, England, Canada, etc. as well. It is often much easier to get into those countries, especially if you are younger and have good skills.
I'm new in the US. Which shops sell the stuff I need?
This is a problem that everybody has in the beginning. There is no Pick 'n Pay or CNA or Servistar in the US, so where do you get groceries, medicine, books etc in Austin? Here is a list some of the things you may be looking for, and where you can buy it. (If you're an "old-timer" in Austin and have some shops to add, please use our contact form to let us know.)
- Groceries: H.E.B., Randalls, Walmart
- Pharmacy: Walgreens, Albertsons, CVS, Walmart
- Clothes & Shoes: Sears, Mervyns, Target, Payless Shoes, Kohls
- Hardware: Home Depot, Lowe's, Sears, Ace Hardware
- Electronics: Walmart, Best Buy, Circuit City, Sears, CompUSA (computers), Fry's Electronics
- Books & Music: Barnes & Noble, Borders
- Sporting Goods: Academy, Walmart
Needless to say, this list is not complete, but it will get you started. You'll notice that the big chain stores come up in many of these categories. For example, Walmart sells everything from groceries to clothes to electronics and sporting goods.
My South African family wants to visit me in the US. How do they get tourist visas?
First of all, just in case anyone is in doubt, your SA family definitely need tourist visas. The US has an agreement with some countries where their citizens can visit the US without a tourist visa, but South Africa is not on the list.
A good place for you to start if you want to help them, is to send your family a letter of invitation to visit you in the US.
Your family starts off by making an appointment for an interview for a non-immigrant visa (NIV) by calling (011) 275-6300. To be able to speak to a US embassy representative to ask questions or make the appointment, your family will need a PIN (personal ID number) that can either be bought at Pick 'n Pay beforehand or, using a credit card, at the time of making the call. The cost at the time of writing this is R86. They can use one PIN for up to 5 family members. They need to remember the PIN and take it along to the interview. Complete information about this can be found here.
Their next step is to download and complete the application forms and have them ready to take along to the interview. They can download the forms here.
Now your family needs to gather documentation that will support their application. This includes your invitation letter. They will also have to prove that they have solid ties to South Africa that will prevent them from staying behind in the US illegally. This includes evidence of a job or self-employment and property ownership. Complete information on this step can be found here.
The next step is to pay the application fees before the interview. Some important points to note about this: The fee can be paid at any FNB. It must be paid in cash. There must be a separate deposit made for each applicant, i.e. don't make one deposit to cover more than one person. Use the applicant name and surname as the reference on the deposit slip. Get a computer-generated deposit slip for each applicant from the teller (hand-written slips are not accepted). Take the original deposit slips along to the interview. Complete information on this step can be found here.
The next step is to have visa photographs taken for each applicant. Exact instructions and dimensions for the photos can be found here.
The final step is to show up on time for the interview, hand your complete application to the interview officer, and truthfully answer any questions the interview officer has. Complete information for this step can be found here.
The entire process is presented here on the US Embassy website, and other related information can be found here.
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