Oh, to be a US citizen (or how my application for a Schengen Visa to France was denied).
January 18th, 2008 by Alex BalashovIt’s not often that I say, “oh, to be [some bureaucratic classification or another]” quite with as much conviction as I do today.
Don’t get me wrong, I’d like to be a US citizen; I’ve been in this country since I was six years old. I’m functionally American in most de facto respects. I have a citizenship application pending. But it would have been particularly handy today.
I’ll give you the straight dope on the bureaucratic aspects of traveling abroad as a foreign national of almost any non-Western country residing in the US. And I’m a relatively privileged one at that, as I am a US Permanent Resident and not here on some sort of student or work visa. I should really count myself among the fortunate in that my readmission back into the country in which I live and work is, by and large, relatively uncontroversial on that account. People here on sundry visas do not have that benefit.
I wanted to take my girlfriend Lisa to Paris for a few days over Valentine’s Day. Although she has spent considerable time in Britain, she has never been to the Continent, and I thought it’d be a wonderful romantic getaway. I have been, and of all the EU countries France strikes me as the one least problematic to visit for a relatively short term due to my relative established acquaintance with the logistics, having been there several times.
Sadly, the logistical preparations did not really materialise until the final days of December, which is an important lesson of what not to do learned unto itself. But from a theoretical standpoint, at least, it was sufficient lead time until mid-February to get everything necessary accomplished.
Americans can travel to a vast plethora of countries for short tourist stays with seldom more whipping out their passport, whose procurement and issuance is a relatively straightforward matter. Western Europeans also have this benefit to a large degree. It suffices to say that American and EU citizens can trot the globe with relative simplicity by the simple virtue of holding a passport.
However, Russian citizens, as well as those of most other countries, must apply to the diplomatic representative agency of the destination country for a visa to gain entry, even for a very short stay. So, that’s what I had to do.
Contrary to widespread belief about how such things are done, this actually cannot universally be done by mail. To obtain a French Schengen1 visa, a personal appearance at the consular division of the French embassy to the US is required for the appropriate jurisdiction. On previous occasions, my parents and I had to visit the French consulate in Atlanta from Athens to do this.
Fortunately, as it happens, I work in Buckhead at a distance of approximately 0.1 miles from the consulate - I can see my office building from its venue So, I was incredibly lucky in this regard; if you are a resident of some other areas of its far-reaching jurisdiction — which covers Alabama, North Carolina, South Carolina, Georgia, Mississippi, and Tennesee — you’ll have to make a trip to Atlanta just to physically deliver a bunch of paperwork. Have fun with that.
Furthermore, as of July 2007, you must make an appointment, which can have a lead time of several days to weeks depending on their case load and create unexpected delays if you are on a tight schedule. And if you arrive late for your appointment or fail to show up, you will be refused entry to the office and will have to make another appointment — have fun with that.
Among the requirements for the application include:
- Your passport, which is held for the duration of processing (minimum two weeks).
- Two copies of the application form.
- Two passport-sized photographs taken within the last six months.
- A copy of a greencard (US Permanent Resident Alien registration card, in my case) or other proof of US residency.
- Airline reservation. (In practise, this means having your non-refundable airline tickets purchased in advance prior to the visa application process. At least, that’s what it meant in the time frame in which I was purchasing the tickets. If your application is denied, well, have fun with that.)
- Evidence of medical insurance coverage for situations abroad at a limit of $39,000 or above, or travel insurance (which I had to purchase).
- Proof of employment in the US.
- Two last bank statements to prove sufficient funds to cover the cost of the trip.
- Evidence of hotel reservation in France (and if securing this requires a non-refundable down payment, have fun with that).
- Proof of residence within the consular jurisdiction - copies of a driver’s licence.
If you lead a very busy life, or live in a city where any short errand takes at least a few hours because of traffic, and/or do not have time to prepare such things, have fun with that - no visa. It certainly was a problem for me; when am I going to find time to have passport photos taken? Any such task in Atlanta requires the commitment of a very substantial portion of one’s evening, to the extent that it’s even possible outside of standard business hours. Also, I do not receive paper statements from any of my banks and do everything online, and online banking interfaces do not display my name, as would be necessary to evidence the affiliation of the bank account with my personal identity.
(Note to geeks: Quixotic conceptions of database referential integrity will not save you here! I thought that providing a pay stub that references the same checking account number that appears on my bank statement should provide sufficient — if derivative — proof of the authenticity of my bank account. But consular officials don’t do “foreign keys,” sorry.)
But I took care of the documentation nevertheless and arrived yesterday for my appointment. I appreciate their generosity in reluctantly accommodating my slight tardiness for reasons entirely beyond my control.
My application was looked over and denied on a passport technicality. The Russian Federation passport on which I would be traveling expires a month after my firmly committed date of return to the US. Unbeknownst to me, it is required that my passport be valid for at least 90 days subsequent to my return in order for a visa to be issued.
I was told this is actually a US Customs and Immigration Service (formerly the INS) rule, and that I might have trouble re-entering the US with a passport so near expiration. However, I consider it highly unlikely that I would actually be detained at the Atlanta port-of-entry as a greencard-wielding permanent resident with a valid passport; after all, my passport expires mid-March, does it not? What meaning do expiration dates have if they are not to be taken literally?
I think it is far more likely that they do not wish to assume liability for an extraordinary situation — such as a grave medical emergency — in which I would be stuck in France beyond my passport’s expiration, and then really encounter problems at the American port-of-entry. Most international conventions on this subject stipulate that in this situation, I would be obligated to return to France and deal with the problem there before attempting to return.
Of course, I find all this something of a mystery, given that my Russian passport is just a travel document, principally of interest to other nations admitting me. I am a permanent resident here - I live and work here; should my greencard not be the basis on which I am admitted back into the US? USCIS doesn’t take any interest in my foreign passport any other time, nor should it, inherently.
So, what does one do in this situation, with a month left before the trip?
Well, I suppose I can renew my passport at the Russian consulate in Washington DC. This typically takes 4-6 months, during which one does not have one’s passport in possession and cannot travel. This actually a considerable improvement; in the past, one was required to physically appear at the consulate in Washington to make this happen. I have made that trip twice with my parents, and each time there were some technical difficulties in my case stemming from the need to validate me with the civil registry in Moscow. I do not have an internal Russian passport (the principal form of government-issued personal identification in Russia) nor a Moscow residency and work permit, seeing as I’ve spent only the first six years of my life there. But now, it is actually possible to do this by mail! Hallelujah! Now I can do it without using up the pittance of vacation time I’ve acrued, save on the expense, and other things that are typically an impediment to free-wheeling bureaucratic field trips.
There is no way to expedite the process. For those unfamiliar with the legacy of Soviet bureaucracy, it suffices merely to say that Russian officials are exceptionally hard-nosed, unfriendly, and unyielding in every respect possible. I would take any American federal bureaucracy any day over that. What’s more, the Russian foreign ministry has absolutely no incentive to expediently provide for the travel needs of Russian nationals living abroad; what the hell do they care about my travel wants and needs?
Another option might have been to extend the validity of my passport without actually renewing it, which is a much simpler procedure and can be done by mail also. We called the Russian consulate, and were told this is no longer possible.
In some cases, USCIS can issue permanent residents Form I-151, a travel document that can be used in lieu of a passport. This is typically done in situations in which a person for some reason “cannot” obtain a passport from one’s native government, and my guess is it primarily exists to serve the needs of stateless persons, refugees, or asylum seekers. I am not sure that my situation would accord with whatever statutory notion of “cannot” is operative here.
An immigration lawyer with whom my family is acquainted told me that in any case, the wait time on this travel document is at the very least several months, if not longer. I will try to make an appointment with an information officer at the USCIS field office here in Atlanta to see if it is even possible for me to obtain it, and whether the matter can somehow be expedited, but between those two obstacles the probability is virtually nil.
So, I’m basically out of luck, and am not going to Paris. The bureaucracy has, in effect, told me to see Figure 1.
Now, I am not so far up the demagogical creek that I cannot see the fundamental reasons why these visa regimes exist, or why I ended up in this situation.
I understand that from the point of view of EU and American governments, Russians, unlike nationals of the former jurisdictions, essentially belong to the same category as most Third World immigrants and other sorts of undesirables trying to break down the floodgates into First World nations. In the post-Soviet period, there is indeed a massive exodus of Eastern European immigration to more prosperous parts of the world.
I’m basically the same as a Salvadoran or a Guatemalan or a Mexican or an Angolan. The reasons for the visa application requirements outlined above boil down to the fact that the French government needs assuaging that I am indeed going there for a short jaunt, unlike all those Boat People. Who’s to say I am not some Russian schmuck on an expiring American student visa looking for a one-way trip to France to hole up as an illegal immigrant? They need evidence of my intent, ability and incentive to return to the US, and to know that I am established here and would have no particularly evident reason to do otherwise and stay in France.
They need insurance coverage to make sure that in the event of a catastrophe, I do not pose an undue fiscal burden on the French state, whose expenditures on public services, after all, are not intended for consumption by visiting foreign nationals. This isn’t a concern they have about Americans, of course, ’cause they ain’t po freeloadas like we Eastern European Boat People.
I get it.
But, as for this arcane requirement that my passport be valid for a certain period following my return, I am absolutely mystified. Since when is an expiration date not an expiration date? I can use my credit card on the last day of the month before it expires, right? And why didn’t anyone tell me about this?
So, to the extent that American port-of-entry rules are germane: that’s where I am after sixteen years in this country. I’ve been here since 1992, have spent nearly my whole life here, a good portion of it in conditions of considerable economic hardship well below our level of material subsistence and security in Russia. I grew up here, doing things the right way — the legal way — at every step.
I guess I just get caught in the cracks of policy like everyone else. It’s the same reason all of you have to go through security at the airport.
The airline tickets are valid for about a year after their purchase. The dates on them can be moved to late summer / early fall, and I have every confidence that Lisa and I will take our trip eventually.
But not on Valentine’s Day. All I wanted to do was visit Paris for a few days, leave plenty of tourism money behind, and return to my home in the US, where I am a comfortably established resident and contributor to the economy. And this is what I get.
Not sure what final thought or thematic meta-message I can offer here. Um, “I hate bureaucracy?” What else is new? It’s an awful aspect of life we have to deal with, and which we can do not a damned thing about. Bad publicity on blogs offers no incentives for improvement.
Governments care about the 101st Airborne, not the 101st Fighting Keyboarders. Lodge a protest. Sew it on a pillow. Write a letter. Beg. Plead. See Figure 1.
1 The Schengen Zone consists of countries party to the Schengen Treaty - a subset of the European Union that has no internal border controls amongst member countries. A Schengen Visa granted to any point of entry into the Zone will allow you to travel freely within it to any other Schengen country.



