How ILLERTATE Can Sign, Help
Oct 20th 2002, 7:29 am
#16
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: How ILLERTATE Can Sign, Help
[QUOTE][SIZE=1]Originally posted by Ingo Pakleppa:
On Sat, 19 Oct 2002 10:29:24 -0700, Manish wrote:
> Unfortunately, she must be literate in order to get a tourist visa.
> For persons over 15 years of age, illiteracy is among the grounds of
> inadmissibility, even as a tourist.
> Ingo,
> how much % are you sure?
> Would you be kind enough to let us know, where it is written in US law
> related to Visitors that illiteracy is among the grounds of
> inadmissibility, even as a tourist.,
> I searched the many US law sites but could not find answer that
> Illetrate is not eligible for Visitor Visa. I have seen the many from
> India who can not speake English language and have visited in past. But
> this case is uniqe that she can not Sign, if an Illetratre person is
> among the grounds of inadmissibilty, is it not discrimination?
> --
Not speaking English is OK. But anybody over 15 must be literate in at
least one language (presumably his native language) in order to be
admissible.
It took me a while to figure it out. 9 FAM 41.103 N4.1 states:
>> The Form DS-156, Nonimmigrant Visa Application for an alien under 16
>> years of age, or one who is physically incapable of completing an
>> application, may be completed and executed by the alien's parent or
>> guardian. If the alien has no parent or guardian, then the Form DS-156
>> may be completed by any person having legal custody of, or a legitimate
>> interest in, the alien.
I believe there also is a basis for this in the INA, but I couldn't find
it.
-----------------------------------------------------------
Dear Ingo,
Thank you very much for the search done by you
But If you read 9 FAM 41.103 N4 it states :
9 FAM 41.103 N4 Application by Alien Unable to Write
(TL:VISA-347; 01-15-2002)
If the applicant is illiterate or is, otherwise, unable to provide a signature,
the placing of the applicant's mark in the space provided on Form DS-156,
Nonimmigrant Visa Application for signature is acceptable, if done in the
presence of the consular officer.
------------
In India 14 languages are written and spoken inclunding English. India has 4 US consulates and in every consulate they have interpreater, I know about Bombay(Mumbai) I have seen in that US consulate that they some time announce the names of Visa applicant in regional languages and tell them to Come to window # 1 or 2
Everybody speaks the regional language and understands it, Villagers do not read, write, speake English
as per your sugession if ENGLISH is not must then she should have no problem becase she will be speaking and understanding Regional language, becase one has to apply for Visitor Visa in particular region where the applicant permanant resides.
If I am reading the 9 FAM 41.103 N4 correct then she can go to US conulate and put her Thumb empression or X before the Visa officer
The other option can be that when her nonimmigrant Visa apllication is compleated the Notary should sign on visa Application that whar ever is written is true.
OR
her Son, Daughter can compleate the Visa application form and sign that He/she compleated the form. May be they can grant her visitor visa as stated above she is 65 years old
I hope that may help and rest depends on how the Visa officers deals with that accept it or reject it, as no body can say that visa will be granted becase in the month of September 2002 in Bombay, India, visitor visa rejection was 80%.in US consulate.
Thanks!!
On Sat, 19 Oct 2002 10:29:24 -0700, Manish wrote:
> Unfortunately, she must be literate in order to get a tourist visa.
> For persons over 15 years of age, illiteracy is among the grounds of
> inadmissibility, even as a tourist.
> Ingo,
> how much % are you sure?
> Would you be kind enough to let us know, where it is written in US law
> related to Visitors that illiteracy is among the grounds of
> inadmissibility, even as a tourist.,
> I searched the many US law sites but could not find answer that
> Illetrate is not eligible for Visitor Visa. I have seen the many from
> India who can not speake English language and have visited in past. But
> this case is uniqe that she can not Sign, if an Illetratre person is
> among the grounds of inadmissibilty, is it not discrimination?
> --
Not speaking English is OK. But anybody over 15 must be literate in at
least one language (presumably his native language) in order to be
admissible.
It took me a while to figure it out. 9 FAM 41.103 N4.1 states:
>> The Form DS-156, Nonimmigrant Visa Application for an alien under 16
>> years of age, or one who is physically incapable of completing an
>> application, may be completed and executed by the alien's parent or
>> guardian. If the alien has no parent or guardian, then the Form DS-156
>> may be completed by any person having legal custody of, or a legitimate
>> interest in, the alien.
I believe there also is a basis for this in the INA, but I couldn't find
it.
-----------------------------------------------------------
Dear Ingo,
Thank you very much for the search done by you
But If you read 9 FAM 41.103 N4 it states :
9 FAM 41.103 N4 Application by Alien Unable to Write
(TL:VISA-347; 01-15-2002)
If the applicant is illiterate or is, otherwise, unable to provide a signature,
the placing of the applicant's mark in the space provided on Form DS-156,
Nonimmigrant Visa Application for signature is acceptable, if done in the
presence of the consular officer.
------------
In India 14 languages are written and spoken inclunding English. India has 4 US consulates and in every consulate they have interpreater, I know about Bombay(Mumbai) I have seen in that US consulate that they some time announce the names of Visa applicant in regional languages and tell them to Come to window # 1 or 2
Everybody speaks the regional language and understands it, Villagers do not read, write, speake English
as per your sugession if ENGLISH is not must then she should have no problem becase she will be speaking and understanding Regional language, becase one has to apply for Visitor Visa in particular region where the applicant permanant resides.
If I am reading the 9 FAM 41.103 N4 correct then she can go to US conulate and put her Thumb empression or X before the Visa officer
The other option can be that when her nonimmigrant Visa apllication is compleated the Notary should sign on visa Application that whar ever is written is true.
OR
her Son, Daughter can compleate the Visa application form and sign that He/she compleated the form. May be they can grant her visitor visa as stated above she is 65 years old
I hope that may help and rest depends on how the Visa officers deals with that accept it or reject it, as no body can say that visa will be granted becase in the month of September 2002 in Bombay, India, visitor visa rejection was 80%.in US consulate.
Thanks!!
Last edited by Manish; Oct 20th 2002 at 7:37 am.
Oct 20th 2002, 11:49 am
#17
Guest
Posts: n/a
Re: How ILLERTATE Can Sign, Help
On Sun, 20 Oct 2002 00:29:52 -0700, Manish wrote:
> Originally posted by Ingo Pakleppa:
>> On Sat, 19 Oct 2002 10:29:24 -0700, Manish wrote:
>> > Unfortunately, she must be literate in order to get a tourist
>> visa.
>> > For persons over 15 years of age, illiteracy is among the
>> grounds of
>> > inadmissibility, even as a tourist.
>> > Ingo,
>> > how much % are you sure?
>> > Would you be kind enough to let us know, where it is written in
>> US law
>> > related to Visitors that illiteracy is among the grounds
>> of
>> > inadmissibility, even as a tourist.,
>> > I searched the many US law sites but could not find answer
>> that
>> > Illetrate is not eligible for Visitor Visa. I have seen the
>> many from
>> > India who can not speake English language and have visited in
>> past. But
>> > this case is uniqe that she can not Sign, if an Illetratre
>> person is
>> > among the grounds of inadmissibilty, is it not
>> discrimination?
>> > --
>> Not speaking English is OK. But anybody over 15 must be literate in at
>> least one language (presumably his native language) in order to be
>> admissible.
>> It took me a while to figure it out. 9 FAM 41.103 N4.1 states:
>> >> The Form DS-156, Nonimmigrant Visa Application for an alien
>> under 16
>> >> years of age, or one who is physically incapable of completing
>> an
>> >> application, may be completed and executed by the alien's
>> parent or
>> >> guardian. If the alien has no parent or guardian, then the Form
>> DS-156
>> >> may be completed by any person having legal custody of, or a
>> legitimate
>> >> interest in, the alien.
>> I believe there also is a basis for this in the INA, but I couldn't
>> find
>> it.
>> Dear Ingo,
>> Thank you very much for the search done by you But If you read 9 FAM
>> 41.103 N4 it states :
>> 9 FAM 41.103 N4 Application by Alien Unable to Write (TL:VISA-347;
>> 01-15-2002)
>> If the applicant is illiterate or is, otherwise, unable to provide a
>> signature,
>> the placing of the applicant's mark in the space provided on Form
>> DS-156,
>> Nonimmigrant Visa Application for signature is acceptable, if done in
>> the
>> presence of the consular officer.
>> ------------
I saw that one, too, and at first was actually inclined to agree with you.
But then I realized that these two sections aren't contradictory at all.
The section you cite would apply to people under 15, or who are otherwise
unable to sign.
>> In India 14 languages are written and spoken inclunding English. India
>> has 4 US consulates and in every consulate they have interpreater, I
>> know about Bombay(Mumbai) I have seen in that US consulate that they
>> some time announce the names of Visa applicant in regional languages
>> and tell them to Come to window # 1 or 2
>> Everybody speaks the regional language and understands it, Villagers
>> do not read, write, speake English
>> as per your sugession if ENGLISH is not must then she should have no
>> problem becase she will be speaking and understanding Regional
>> language, becase one has to apply for Visitor Visa in particular
>> region where the applicant permanant resides.
Note that 9 FAM 41.103 N4.1 says she must be able to fill out her own
form. The DS-156 is available in a wide variety of languages, and quite
possibly in hers. Speaking and understanding is not enough; she has to be
literate in that language - that is, read and write it (there are actually
exceptions for languages that do not have a written representation).
Similarly, when she travels to the US, she would have to be able to fill
out the I-94 and the customs form.
Now I don't know how important this requirement would be in practice,
especially for tourists. My guess is that if this was the only obstacle,
then the consular officer might actually give her the visa anyway (they
are far more concerned about immigration intent and terrorism than about
literacy), and people on the plane might be able to help her with the
forms.
By the way, one additional source turned up:
http://k1.exit.com/indiatimes.html
also claims that illiteracy leads to
inadmissibility. Unfortunately, they just state that without a source.
> Originally posted by Ingo Pakleppa:
>> On Sat, 19 Oct 2002 10:29:24 -0700, Manish wrote:
>> > Unfortunately, she must be literate in order to get a tourist
>> visa.
>> > For persons over 15 years of age, illiteracy is among the
>> grounds of
>> > inadmissibility, even as a tourist.
>> > Ingo,
>> > how much % are you sure?
>> > Would you be kind enough to let us know, where it is written in
>> US law
>> > related to Visitors that illiteracy is among the grounds
>> of
>> > inadmissibility, even as a tourist.,
>> > I searched the many US law sites but could not find answer
>> that
>> > Illetrate is not eligible for Visitor Visa. I have seen the
>> many from
>> > India who can not speake English language and have visited in
>> past. But
>> > this case is uniqe that she can not Sign, if an Illetratre
>> person is
>> > among the grounds of inadmissibilty, is it not
>> discrimination?
>> > --
>> Not speaking English is OK. But anybody over 15 must be literate in at
>> least one language (presumably his native language) in order to be
>> admissible.
>> It took me a while to figure it out. 9 FAM 41.103 N4.1 states:
>> >> The Form DS-156, Nonimmigrant Visa Application for an alien
>> under 16
>> >> years of age, or one who is physically incapable of completing
>> an
>> >> application, may be completed and executed by the alien's
>> parent or
>> >> guardian. If the alien has no parent or guardian, then the Form
>> DS-156
>> >> may be completed by any person having legal custody of, or a
>> legitimate
>> >> interest in, the alien.
>> I believe there also is a basis for this in the INA, but I couldn't
>> find
>> it.
>> Dear Ingo,
>> Thank you very much for the search done by you But If you read 9 FAM
>> 41.103 N4 it states :
>> 9 FAM 41.103 N4 Application by Alien Unable to Write (TL:VISA-347;
>> 01-15-2002)
>> If the applicant is illiterate or is, otherwise, unable to provide a
>> signature,
>> the placing of the applicant's mark in the space provided on Form
>> DS-156,
>> Nonimmigrant Visa Application for signature is acceptable, if done in
>> the
>> presence of the consular officer.
>> ------------
I saw that one, too, and at first was actually inclined to agree with you.
But then I realized that these two sections aren't contradictory at all.
The section you cite would apply to people under 15, or who are otherwise
unable to sign.
>> In India 14 languages are written and spoken inclunding English. India
>> has 4 US consulates and in every consulate they have interpreater, I
>> know about Bombay(Mumbai) I have seen in that US consulate that they
>> some time announce the names of Visa applicant in regional languages
>> and tell them to Come to window # 1 or 2
>> Everybody speaks the regional language and understands it, Villagers
>> do not read, write, speake English
>> as per your sugession if ENGLISH is not must then she should have no
>> problem becase she will be speaking and understanding Regional
>> language, becase one has to apply for Visitor Visa in particular
>> region where the applicant permanant resides.
Note that 9 FAM 41.103 N4.1 says she must be able to fill out her own
form. The DS-156 is available in a wide variety of languages, and quite
possibly in hers. Speaking and understanding is not enough; she has to be
literate in that language - that is, read and write it (there are actually
exceptions for languages that do not have a written representation).
Similarly, when she travels to the US, she would have to be able to fill
out the I-94 and the customs form.
Now I don't know how important this requirement would be in practice,
especially for tourists. My guess is that if this was the only obstacle,
then the consular officer might actually give her the visa anyway (they
are far more concerned about immigration intent and terrorism than about
literacy), and people on the plane might be able to help her with the
forms.
By the way, one additional source turned up:
http://k1.exit.com/indiatimes.html
also claims that illiteracy leads to
inadmissibility. Unfortunately, they just state that without a source.
Oct 24th 2002, 5:31 am
#18
Just Joined
Joined: Oct 2002
Posts: 7
In India for Bombay Consulate and Delhi consulate now you can mail your Visa Application through Visa servises, if one is above 60 years age or had previous US visa stamp in the passport.
My sugesstion is:
1 If she is above 60 years she should sign the Visa application with X or what ever she can write or remember. But I see a Problem here becase her Passport has THUMB Impression
2 Get one affidevit made before Notary public that this is her Signature and Notary can sign the Visitor visa application that he compleated the Visa application
3 His son should send copy of his GC or any Nonimmigrant or Immigrant status in US and send Affidevit of Suffort and all the pages of his passport, particularly the pages that shows his mother name.
Once the application reaches Bombay or Delhi Consulate then they normaly return the Passport in 4-5 days, if they need interview they will inform her the date and will keep the passport and all documents with them, in that case she has to go to Consulate and will face the Visa officer
I hope you can write a cover letter and explain every thing and let the Consulate officer know what Indian language she can speake or understant, they have Indians working in every consulate who can talk to her or interpreate her language with Visa officer if she is called for Interview.
one more thend I have seen in Bombay and Delhi is that if one is WIDOW they dont give the visitor visa.
My sugesstion is:
1 If she is above 60 years she should sign the Visa application with X or what ever she can write or remember. But I see a Problem here becase her Passport has THUMB Impression
2 Get one affidevit made before Notary public that this is her Signature and Notary can sign the Visitor visa application that he compleated the Visa application
3 His son should send copy of his GC or any Nonimmigrant or Immigrant status in US and send Affidevit of Suffort and all the pages of his passport, particularly the pages that shows his mother name.
Once the application reaches Bombay or Delhi Consulate then they normaly return the Passport in 4-5 days, if they need interview they will inform her the date and will keep the passport and all documents with them, in that case she has to go to Consulate and will face the Visa officer
I hope you can write a cover letter and explain every thing and let the Consulate officer know what Indian language she can speake or understant, they have Indians working in every consulate who can talk to her or interpreate her language with Visa officer if she is called for Interview.
one more thend I have seen in Bombay and Delhi is that if one is WIDOW they dont give the visitor visa.
