Nonimmigrant Visas
The "visitor" visa is a nonimmigrant 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.
Qualifying for 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. Please note, it is more difficult to qualify for a visa outside of your county of residence as the officer must ascertain your desire to return. Therefore, 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;
That they plan to remain for a specific, limited period; and
That they have a residence outside the U.S. as well as other binding ties which will require their return abroad at the end of the visit.
The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment; Only applicants are allowed in the waiting room unless the applicant is a minor or needs an interpreter.
Optional Documentation
Applicants must demonstrate that they are properly classifiable as visitors under U.S. law. Evidence which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip may be provided. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.
Persons traveling to the U.S. on business can present a letter from the U.S. business firm indicating the purpose of the trip, the bearer's intended length of stay and the firm's intent to defray travel costs.
Persons traveling to the U.S. for pleasure may use letters from relatives or friends in the U.S. whom the applicant plans to visit or confirmation of participation in a planned tour.
Persons traveling to the U.S. for medical treatment should have a statement from a doctor or institution concerning proposed medical treatment.
Those applicants who do not 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.
Additional Information
Unless previously canceled, a visa is valid until its expiration date. Therefore, 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. The visa must not be removed from the old passport, and must not be damaged.
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.
If the consular officer should find it necessary to deny the issuance of a visa, the applicant may re-apply if there is new evidence to overcome the basis for the refusal. However, the evidence must be compelling for the consular officer to reverse his decision.
Most visas are processed and given to applicants on the next day.
U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Citizenship and Immigration Service (CIS) has authority to deny admission. Also, the period for which the bearer of a visitor visa is authorized to remain in the United States is determined by the CIS, not the consular officer. At the port of entry, a CIS official must authorize the traveler's admission to the U.S. At that time the CIS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the CIS to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the CIS.