A visa allows an individual from a country other than the United States to come into America. A visa is required whether the individual is coming for a temporary stay or on a permanent basis. The purpose of the individual’s travel to the United States determines what type of visa they must obtain.
An immigrant visa is issued to an individual who wishes to permanently reside in the United States. A nonimmigrant visa is issued to an individual who permanently resides outside the United States but they wish to be in the United States on a temporary basis for activities including:
- Tourism;
- Medical treatment;
- Business;
- Temporary work;
- Temporary studies; or
- Other activities that are not permanent.
There are over 20 different categories of nonimmigrant visas that are available. The number of nonimmigrant visas issued each year changes, often depending on the number that was issued in the previous year.
Whether or not a nonimmigrant visa is available may depend on the individual’s country of origin. The number of visas allowed from certain countries may be more or less dependent upon the number of visas that were issued from that country during the previous year.
What is a B-2 Visitor Visa?
A B-2 visa is a category of temporary visas. This type of visa is used by individuals from other countries who come to the United States to travel for pleasure or who seek medical treatment.
What is the Application Process for a B-2 Visa?
In order to obtain a B-2 visa, the applicant must demonstrate the following:
- The purpose of their trip is for pleasure;
- The trip is limited to a specific period of time; and
- Due to social and economic ties outside the United States, the applicant will return abroad at the end of their trip.
The application process for a B-2 visa is fairly straightforward. An individual is required to:
- Fill out a United States government form;
- Prepare documents, including:
- An itinerary;
- Financial documents;
- Proof of ties to the applicant’s home country;
- Pay the necessary fees; and
- Visit the United States consulate for a personal interview.
It is very important to take the application process seriously. If the applicant fails to present a complete application, they may be one of the many applicants who are denied a B-2 visa each year.
The government form required for the application, the DS-160, or Nonimmigrant Visa Application can be completed online. This form can be found on the State Department Website. This form as well as the remaining documents will be required at the visa interview.
The visa application fee is $160.00. This payment is required prior to the consulate interview. It is important to check the U.S. Consulate where the application is being submitted to determine where the payment must be made. There may be an additional fee if the applicant’s country requires one, called the visa reciprocity fee, which can be paid at the time of the interview.
There are several other required documents, including:
- A passport with an expiration date at least 6 months later than the applicant’s intended stay in the U.S.;
- One passport-style photo of the applicant, guidance for which is provided on the U.S. State Department’s website;
- Documents outlining the purpose of the trip, which may include a travel itinerary or a hotel booking. These documents should also provide proof of an intent to leave, such as the plane ticket home;
- Evidence that the applicant will return to their home country, which may include a long-term apartment lease or a written letter from the applicant’s employer stating their job will be available upon their return; and
- Proof of the applicant’s ability to cover their expenses while they are visiting the United States, which may include bank statements or pay stubs.
What are Some Examples of B-2 Activities?
There are several examples of B-2 visa activities. These include:
- Tourism;
- Visiting family and friends; and
- Obtaining medical treatment.
The definition of activities provides for a broad range, from taking a class to sightseeing. It is not permissible, however, for an applicant to visit the United States for the purpose of working for pay. This is the case even if the activity is to engage in an activity that may provide prize money. For example, an applicant could not obtain a B-2 visa to travel to the U.S. in order to participate in an athletic competition that includes a cash prize.
A B-2 visa does not permit conducting business activities such as:
- Attending a trade convention;
- Giving consultations;
- Selling international products; or
- Serving as a missionary or minister.
These types of activities would be permitted under a B-1 visa. A B-1 visa is a combination of the B-1 and B-2, which allows the applicant to engage in the previously mentioned business activities.
A B-2 visa does not include working as a member of the foreign press or information media. There is a separate visa for those activities, the I visa. Additionally, intent to commit a crime does not qualify an applicant to receive a B-2 visa.
What if I am Obtaining Medical Treatment?
A B-2 visa may be issued to permit the applicant to travel to the United States to receive medical treatment. In addition to the application process discussed above, the applicant must provide information regarding their medical treatment, including:
- A doctor’s diagnosis of the applicant’s condition and why treatment in the United States is necessary;
- A letter from a hospital or doctor in the United States that includes:
- A statement indicating the doctor or hospital’s willingness to treat the applicant’s condition;
- An estimate of all medical costs and fees;
- An estimate of duration of treatment; and
- Evidence that the applicant and/or their sponsor have sufficient funds to cover their travel and medical expenses.
What If I Want to Host a Visitor?
If you wish to host a visitor, that individual must also obtain a visa and qualify on their own. They can consult an attorney to ensure the application has all required information and is complete. An attorney can also advise the applicant on the standards for visa issuance.
What are Other Uses of the B-2 Visa?
There are several other ways a B-2 visa can be used that would be considered nontraditional. For example, an individual accompanying an individual with a B-1 visa or certain other temporary visas may obtain a B-2 visa.
Family or other household members of an individual who is coming to the United States on another temporary visa, such as a student or diplomat, who do note qualify for an automatic visa of their own may obtain a B-2 visa. This may include their spouse or minor child.
A B-2 visa may also be used to prevent separation from unmarried domestic partners, elderly parents, and other individuals. Additionally, an individual who wishes to get married in the United States but is not planning to apply for a green card could obtain a B-2 visa. An immigration attorney would be able to advise an individual regarding the possibilities of using a B-2 visa in a nontraditional manner.
Do I Need a Lawyer For B-2 Visas?
It is essential to have the assistance of an experienced immigration attorney when you are applying for a B-2 visa. As noted above, you may only get one chance to submit a complete and accurate visa application. Having an attorney assist and review your application may prove invaluable.
It is also important to note that there are various different types of visas available and the B-2 visa may not be the best available option for your situation. An attorney can help you complete your visa application and assist you with any other immigration issues you might have.
