Getting a visa is an iffy proposition, says immigration lawyer David Ware. Still, there are ways international students can lift their chances

How difficult is it for international students to get a student visa? They may not be as hard to obtain as some believe, but there's plenty of uncertainty to the process, according to David Ware, a lawyer and author who specializes in immigration issues. As Ware notes, consuls who make the determination have about three minutes to decide each case.

Ware has practiced exclusively in the area of immigration and nationality law since 1982. He is a frequent speaker and teaches immigration law at Southern University School of Law. Fluent in Spanish and Portuguese, he has conducted educational programs at Vanderbilt University's Owen School of Management and is a member of the U.S. Immigration Lawyers Assn. He completed his Juris Doctor at the University of Texas in 1981. Ware recently spoke with BusinessWeek Online reporter Jeffrey Gangemi about how international students can increase their chances of getting a U.S. visa. An edited transcript of their conversation follows:

Q: Is it as hard as everyone thinks for international students to obtain a student visa?
A: Yes and no. The perception that it is extremely hard is perhaps a little bit skeptical, but the perception that it is a crapshoot is completely justified. There's one factor -- assuming the person has adequate financing to study in the U.S. -- that the consul looks at to determine whether to grant the student visa: the ties to the home country and the likelihood that the person will return after finishing studies in the U.S.

This is codified into law in section 214B of the Immigration Nationality Act. This section states that applicants are presumed to be attempting to immigrate permanently to the U.S., unless they prove otherwise to the consul. Students must prove that they have a residence abroad that they have no intention of abandoning.

Q: How does the consul make that judgment?
A: Consuls have about three minutes to make a decision on each case. Usually, the consul doesn't go by specific evidence provided by the applicant, but rather the reading of the visa application and their gut feeling. They take into account the applicant's socioeconomic background; the conditions in the home country with regard to economy, social strife, and economic and social development; and the person's demographic profile.

Are they single or married? Are they leaving their family behind when they come to study in the U.S.? Does the degree they're getting make sense? These are a few of the different factors that they look at, and in three minutes or less, they coalesce all of these factors into a judgment: denial or grant.

Q: Who is most likely to be granted a visa?
A: People who are upper-middle class in their home country, and those who are coming to private schools in the U.S. are generally more likely to be granted a visa. Those who are attending a private school tend to be better off financially.

Also, people whose families are integrated into the community and economic structure back home are considered more likely to return -- and thus are more likely to get a visa. Perhaps dad or mom has a business in the home country, a factory or some sort of service business. It's perceived that those types of individuals are more likely to go home and form part of the elite in their home country, rather than try to stay in the U.S.