Every year, millions of people take brief trips to the United States on business or to take a vacation. Some enter for medical treatment. Generally, these people need a visitor visa to enter the U.S.
Visitor visas are a type of non-immigrant visa for persons who wish to enter the U.S. on a temporary basis. To obtain a visitor visa, the purpose of the trip must be business, pleasure, tourism, or medical treatments. There are two different types of visitor visas available:
The most critical aspect of visitor visas is that they’re temporary. Thus, when applying for a visitor visa, the foreigner must demonstrate that they only intend to stay in the U.S. temporarily.
What are the Qualifications for Obtaining a Visitor Visa?
To qualify for a B-1 or B-2 visitor visa, the applicant must provide evidence that they only intend to visit the U.S. for a limited period. Evidence to support that includes:
- Evidence of economic and social ties abroad that indicate they will want to go home
- A home outside of the United States
- A job outside of the United States
- Family outside of the United States
- Other evidence that demonstrates they will return to their country of origin once their visit is complete
To obtain the visa, the applicant will need to submit the application form, pay the visa fees (the amount varies from country to country), and submit additional documents (such as birth certificates and financial records to show that they have sufficient funds to cover their expenses while here, etc.). They are also usually required to be interviewed at the nearest U.S. Embassy or Consulate. They must also present evidence of sufficient funds to cover their expenses.
What Types of Travel Are Allowed on a Visitor Visa?”
The purpose of their stay in the U.S. may only be for business, pleasure, tourism, or medical treatment.
B-1 (business visitors) visas are issued when the applicant has plans such as these:
- Consulting with business associates
- Attending a professional conference on education, science, or business
- Negotiating a contract
- Settling a deceased person’s estate
B-2 visas (visitors traveling for tourism, pleasure, or medical treatment) are issued in cases like the following:
- Vacations
- Tourism
- Visit with friends or relatives
- Enrollment in a short recreational study that does not count toward a degree
- Participation in social events hosted by fraternal, social, or service organizations. Flyers or invitations that describe the purpose and timing of the event will be needed
- Participation by amateurs in musicals, sports, or similar events or contests. It is crucial that they not be paid for participating
- Medical treatment
The following travel purposes are not allowed on a visitor visa:
- Study, whether at K-12 schools, colleges or, universities
- Paid employment
- Any professional performance before a paying audience
- Work as a foreign press, in print, radio, film, or other media
- Seeking permanent residence in the United States
- Birth tourism (travel to give birth in the U.S. to obtain immigration benefits for their child – i.e., citizenship)
What if a Visitor Visa Application is Denied?
The traveler will receive a rejection letter if a visitor visa is denied. In some instances, a denied visitor visa application may be appealed. There will usually be instructions regarding the appeal process in the rejection letter.
The ability to appeal depends on why the original application was denied. For example, if the application was denied due to fraud or misrepresentation, a right to appeal probably won’t be granted. In fact, rather than receiving a visa, the visitor may be subject to a permanent denial of any visa to enter the United States.
Note that fraudulent intent on an immigration application is a serious violation. If discovered, this will affect the visitor’s chances of being able to apply for a visa at some future time and can even result in criminal consequences.
What if I Overstay My Visa?
Overstaying a visa (staying longer than a visa indicates it will expire – even as little as a day) is another serious immigration violation. The traveler faces possible removal (deportation) from the country. In addition, they may have a “bar” placed in their records, which prohibits them from re-entering the country until a certain number of years have passed (such as 5 or 10 years).
If this is the second or third time the person has overstayed a visa, they may be permanently banned from re-entering the country.
Visa Waiver Program
Some short-term visitors to the United States do not need a visa. The U.S. Department of State offers a “Visa Waiver Program” (VWP) where most travelers from a specific list of countries do not need a visa for stays in the U.S. of up to 90 days.
The Department of State and immigration officials in all participating countries developed this program. The program is reciprocal – just as visitors on the VWP do not need a visa to enter the U.S., citizens of the U.S. do not need a visa to make a short trip to any one of the participating countries.
There are 40 countries on the list. This includes many European countries (e.g., Austria, Denmark, France, Germany, and more; there are Southeast Asian countries (e.g., Japan and South Korea); there is one South American country (Chile); and there are countries as far and wide as Australia, Brunei, Croatia, Finland, Taiwan, and Lithuania.
Visitors on the Visa Waiver Program do not need a visa, which means they do not need to travel to a U.S. embassy or consulate to attend a visitor visa interview. However, they don’t get to enter the U.S. without doing any paperwork before traveling. Each traveler must register online through the Electronic System for Travel Authorization (ESTA). ESTA is operated by the U.S. Customs and Border Protection office (CBP), and they determine eligibility to travel to the United States for tourism or business under the VWP.
In addition, the traveler must have the right form of a passport. All U.S. travelers must show that their passport expires at least 6 months after their trip begins. There are additional passport rules for visitors on the Visa Waiver Program. They must have a passport with an embedded electronic chip (an “e-passport”). The chip is used to match the identity of the traveler to the passport.
Do I Need a Lawyer for Help With a Visitor Visa?
You should contact an experienced immigration lawyer in your area if you or a loved one needs help with a visitor visa application. Your attorney will go over the application requirements with you to ensure you won’t experience any problems in the process and will either complete the application for you or guide you on how to fill it out.
If you face any charges that you violated a visa, you should speak with an attorney immediately for legal assistance and representation. They can provide you with information about your rights and options. Also, if there are any changes to the law that might affect your rights, they can keep you informed and updated accordingly.
