Generally, a citizen of a foreign country who wishes to enter the United States must first
obtain a visa, either a non-immigrant visa for temporary stay or an immigrant visa for
lawful permanent residence. The visitor visa is a non-immigrant 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 (VWP).
Qualifying for a B1/B2 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. Applicants for visitor visas must
overcome this presumption by demonstrating the following:
The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment
(not to work without authorization);
They plan to remain for a specific, limited period of time (not permanently); and
They have a residence outside the U.S. as well as other binding ties which will insure they
will depart the U.S. at the end
of the authorized period of stay and
their return to their home country.
Arriving at the U.S. Port of Entry:
Applicants should be aware that a visa does not guarantee entry into the United States.
The Border and Transportation Security (BTS), through the Department of Homeland
Security (DHS), has authority to deny admission into the U.S. Also, the period
for which the bearer of a visitor visa is authorized to remain in the United States is
determined by the BTS, not the Department of State Consular Officer who issued the visa.
nbsp; At the port of entry, a BTS 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 submit the Form I-539, Application to Extend Status,
to the appropriate office of the Bureau of Citizenship and Immigration Services (BCIS).
The decision to grant or deny a request for an extension of status is made solely
by the BCIS.
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| There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased. |
| The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures. |
