Visitor Based Visas

Business or Pleasure Visitors

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2).

Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program.

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

• They plan to remain for a specific, limited period;

• and they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

Passing through a U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission, and determine the period for which the bearer of a visitor visa is authorized to remain in the United States.

At the port of entry, an Immigration official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

Getting Legal Help with a Travel Visa

If you would like to file a Petition for a Travel Visa, it is important that you speak with our experienced attorneys to discuss the facts of your case and protect your legal rights. While the circumstances of each case are different and may require different courses of action, regardless of the method chosen, the goal remains the same - to secure the best possible resolution for the client.