HOW TO VISIT THE UNITED STATES

Posted on July 11, 2008
Filed Under Law |

Visitors to the United States require a non-immigrant visa, unless
they fall under the Visa Waiver

Program
or are exempt from the visa requirement under multinational agreements such as
the North American Free Trade Agreement (NAFTA).

Visitors to the United States require a non-immigrant visa, unless
they fall under the Visa Waiver

Program or are exempt from the visa requirement under
multinational agreements such as the North American Free Trade Agreement
(NAFTA). A non-immigrant visa is a physical entry document designed to
authorize a certain activity for a specific, limited time. It can only be
obtained at a US embassy or consulate outside the US, but can also be taken
away by any US immigration officer if it is abused. The usual visa for a
visitor is a B2 visa, which is issued for those traveling for pleasure or
medical treatment. There are no quota restrictions on the visa, and it can be
issued quickly in most countries. The expiration date on the visa designates
the period of time in which a visitor can enter or re-enter the country, not
the length of a stay itself. The length of a stay is determined on entry and
recorded on the visitor’s I-94 card. Most visas allow for multiple entries,
although some allow for only a single entry. A B2 visa does not permit one to
work or operate a business in the US.

 

What to Expect When Applying for a Visitor’s
Visa

 

Visiting the United States is a two-step process: applying for a
visitor’s visa at a foreign consulate (preferably the applicant’s home
consulate), and examination at the entry point of the US. Thus the visa does
not guarantee entry to the United States; it is a “preliminary finding” of
eligibility to enter as a visitor. A visa application requires documentation
and probably an interview. Getting a visa requires proof to immigration
authorities that you will leave at the end of the trip. A visitor also needs to
demonstrate financial independence, or that there is someone who is willing to
take financial responsibility for him or her. There is no way to appeal a
refusal, but one can always reapply as many times as one wishes.

 

At the port of entry to the United States, immigration authorities
have the authority to deny admission, or to determine the length of time for
which the visitor is authorized to remain in the country, which is noted on a
stamp on the visitor’s Record of Arrival-Departure. Immigration officials can
bar an applicant from entering the United States for five years if they
discover the applicant was guilty of a fraudulent misrepresentation such as
traveling on a forged passport.

 

Qualifying to Visit

 

The main policy consideration that governs visitation is the
concern that people may use it as a means of gaining entry to the US and then
not leave. The presumption in law is that every applicant for a visitor visa
has the immigrant intent to remain permanently in the US. A visitor must
demonstrate that the purpose of the trip is for pleasure or medical treatment,
and that he or she plans to remain only for a specific and limited period of
time. The chances of success for a visitor increase if he or she has a residence
outside of the US and other ties that will ensure an exit from the country at
the end of the visit. Such ties might include ownership of real estate, a bank
account, a letter from an employer referring to a job available on return,
close family members remaining behind, or proof of registration for further
studies at a school or university.

 

Time Limitations

 

Under a visitor’s visa with multiple entries, the number of trips
that can be taken before the visa expires is not limited, but the length of
each individual trip is. Tourists can usually stay for up to six months on any
given visit.

 

Extending the Length of a Visit

 

As with visa applications, extensions for a visit will require
certain documentation. There are two ways of extending the length of a visit:
one can leave the country and return for another six months, or one can apply
for an extension from within the US as long as the entrance to the US was not
made on a visa waiver and the total stay will not exceed one year. Usually, a
visitor cannot get an extension of more than six additional months. Extension
applications are normally approved within two months and, if the application is
filed on time, the visitor will be permitted to remain in the United States
until a decision is reached, even if the authorized stay expires in the
meantime. Unfortunately, appeals on a rejected extension application make
little sense from a time and cost point of view and are therefore of little
use.

 

Converting a Visit into a Permanent Stay

 

It is important for prospective visitors to keep in mind that a
non-immigrant visa will not lead to US citizenship. It also cannot be legally
used to live permanently in the US. Although a visit can be extended by leaving
the country and returning for an additional six months, immigration authorities
are likely to notice if this is done repeatedly. Having a visitor’s visa does
not provide an advantage in a green card application, and applying for a green
card after having entered the United States on a visitor’s visa can raise questions
about the original visa application. Foreigners who already have a green card
application in process and who wish to visit the US may find it difficult , due
to the perception that they will not leave when their trip expires.

About the author

Andy J.
Semotiuk is an US and Canadian Immigration
Lawyer has
practiced law for over 30 years and served over 15,000 clients. He can be reached by email at andy@myworkvisa.com or through his website at http://www.myworkvisa.com.

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