Non-Immigrant Visitor Visas

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Applying for your Border Crossing Card

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The B-2 visa category allows foreigners to apply for permission to enter the United States, for a limited period of time, for pleasure, tourism, and medical treatment.  The B-1 visa category allows foreigners to enter the United States temporarily for limited business purposes.  The Border Crossing Card (BCC) is both a Border Crossing Card and a B1/B2 visitor's visa.  A Border Crossing Card (also referred to as a DSP-150) is issued as a laminated card, which has enhanced graphics and technology, similar to the size of a credit card.  It is valid for travel until the expiration date on the front of the card, usually ten years after issuance.

B1/B2 visa/Border Crossing Cards are only issued to applicants who are citizens of and resident in Mexico.  Applicants must meet the eligibility standards for B1/B2 visas.  They must demonstrate that they have ties to Mexico that would compel them to return after a temporary stay in the United States.  Also, all applicants for a B1/B2 visa/Border Crossing Card must have a valid Mexican passport at the time of application.

Applying for a Border Crossing Card requires the applicant to submit Form DS-160 Online Nonimmigrant Visa Application.  The cost is currently $160 USD.

The main reason why your border crossing card application may be denied

There are a variety of reasons why the consulate could deny your application for a border crossing card.  But the primary reason for people who have previously been removed from the U.S. is called "immigrant intent."  Under Section 214(b) of the Immigration and Naturalization Act (INA), every foreigner who applies for a nonimmigrant visa (such as a border crossing card) "shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status."

As mentioned above, it is extremely important to be able to show ties to Mexico (or your country of origin) and to demonstrate your clear intention to leave the United States after one or more temporary visits.  For people who have been subject to previous deportations or voluntary departures, this is often the most difficult part of obtaining a visa.  It is also perhaps the most common reason why such applications are denied.

Don't risk having your visa application denied

If you have previously been removed from the United States, and your visitor visa application is denied because the consular official believes you have "immigrant intent," it will only become more difficult for you to obtain a visa in the future.  More importantly, a 214(b) immigrant intent denial is often times much more challenging to overcome than previous criminal or immigration violations.  For example, the most common type of waiver we utilize for nonimmigrant visas is the 212(d)(3) waiver.  The 212(d)(3) waiver is a wonderful tool that can be used to cure almost any ground of inadmissibility--but it cannot be used to overcome a negative finding of immigrant intent.

Scheduling a consultation with an experienced immigration lawyer may be the best investment you ever make.  We will analyze and evaluate your case to advise you of the benefits and drawbacks of applying for a border crossing card.  If you require a waiver of inadmissibility, we will determine which waivers are needed, and how you can put together a winning waiver package.  Most importantly, we will give you a completely honest assessment of your case, and your chances of success.

Call us today so we can begin talking about the best way to bring you or your loved one back to the United States with a border crossing card.

Arizona's "Crimmigration" Law Firm

If you are not a U.S. citizen, and you are charged with a crime, you automatically have two legal systems that threaten to penalize you with incarceration and deportation. Our law firm concentrates its practice on only criminal defense and immigration law. Our lawyers work in both the criminal and immigration systems, which ensures that our clients only need one law firm to protect them in criminal and immigration courts.

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The Law Offices of Matthew H. Green is focused on the aggressive defense of immigrants.

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