What nonimmigrant visas are available to those who wish to visit for business or pleasure?
A: The "visitor" visa is a nonimmigrant visa for people desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). People planning to travel to the U.S. for a different purpose - such as students, temporary workers, and others 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 on the Visa Waiver Program.
How does an applicant qualify for a visitor visa?
A: Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. There is a presumption that every visitor visa applicant intends to immigrate to the United States. So 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.
How and where do I apply for a visitor's visa?
A: Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
What fees and documentation are required for a visitor visa?
A: Check with your consulate for the current fees.
-Application Form DS-156, completed and signed. Blank forms are available without charge at all U.S. consular offices.
-Passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa ust make an application.
-Two photographs 1 and 1/2 inches square (37x37 mm) for each applicant, showing full face, without head covering, against a light background.
Do applicants need to demonstrate that they are properly classified as visitors under U.S. law?
A: Applicants must demonstrate that they are properly classifiable as visitors under U.S. law. Be prepared to show the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip. It’s impossible to say the exact form the evidence should take, since applicants' circumstances will vary greatly.
Do applicants need to document that they have sufficient funds to pay for the stay?
A: Yes, those applicants who don’t have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support. Visitors are not permitted to accept employment during their stay in the U.S. Depending on individual circumstances, applicants may provide other evidence substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.
What if I've traveled to the U.S. as a visitor before? Should I do anything different than a new applicant?
A: A person whose passport contains a previously issued visitor visa can inquire about special expedited procedures available at most consular offices for issuance of a new visitor visa.
How long is a visitor visa valid?
A: Unless previously canceled, a visa is valid until its expiration date. If the traveler has a valid U.S. visitor visa in an expired passport, he or she may use it along with a new valid passport for travel and admission to the United States.
Can an applicant access and complete the application process without any assistance?
A: Yes. Most times applicants for visitor visas will not find it necessary to employ persons to assist them in preparing documents or securing access to the U.S. consular office.
Can visitor visas be denied?
A: Yes. Generally, if the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if there is new evidence to overcome the basis for the refusal. In the absence of new evidence, consular officers aren’t obliged to re-examine such cases. Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
Does a visa guarantee entry into the United States and determine my legal status?
A: No, at the port of entry, a Homeland Security official must authorize the visitor's admission and length of stay. At that time the Form I-94, Record of Arrival-Departure, which determines the permitted length of stay, is validated. Those visitors wishing to stay beyond the time indicated on their Form I-94 must apply for an extension using Form I-539, Application to Extend Status. The I-94 is what determines the validity of the visitor's "status", not the visa.
