Anyone who is not a citizen of the United States requires legal permission, granted by the U.S. Department of Homeland Security or the U.S. Department of State, to enter, remain, and travel in the United States. The permission that a foreigner receives to come to the United States is normally granted through the issuance of a visa. A visa is normally provided to the applicant in the form of a card or a document, but sometimes is merely an endorsement in the foreigner’s passport.
Visas are typically distinguished between two main categories: immigrant visas and non-immigrant visas. Immigrant visas are for people who intend to remain in the United States on a permanent basis as residents. Only certain categories of people are eligible for immigrant visas, or green cards. For that reason, most foreigners interested in coming to the United States must explore the option of applying for a non-immigrant visa. There are currently over 20 types of non-immigrant visas, but the most common kind of non-immigrant visa is a tourist, or visitor’s, visa–the B1/B2 visa.
Some people who wish to enter the United States are considered to be “inadmissible” because they have certain immigration or criminal violations on their records. The majority of people who have been deported or who have received a voluntary departure will be inadmissible to the United States for one reason or another. When people are inadmissible to the United States, they nevertheless may be able to apply for and obtain visas, but they will also need to apply for the correct waiver (or waivers) of inadmissibility before they are allowed to re-enter the U.S.
An immigrant visa is for those planning to live permanently in the U.S. and gain lawful permanent residency (a green card). A non-immigrant visa is for temporary visits, such as tourism, work, or study, with the intent to return home. Misrepresenting your intent can have serious consequences.
Processing times for U.S. visa applications vary based on visa type, your country, the specific U.S. embassy or consulate, and current workloads. They can range from weeks to years. Check the U.S. Department of State’s website for the latest processing times and apply well in advance of your travel plans.
Yes, you can apply to extend your stay on a non-immigrant visa by filing Form I-539 before your authorized stay expires. You must have a valid reason for your extended stay and prove you haven’t violated your current visa’s terms. This process demands careful attention to detail, as a denial can have serious immigration consequences.
Visa denials often stem from a failure to prove non-immigrant intent, inadmissibility grounds (like criminal convictions, health issues, or prior immigration violations), insufficient documentation, material misrepresentation, or public charge concerns. A denial is disheartening, and identifying the specific reason is crucial for exploring solutions.
Inadmissibility is a complex legal determination defined by specific grounds within the Immigration and Nationality Act (INA). These grounds include criminal history, health conditions, prior immigration fraud or misrepresentation, overstays or illegal presence, and security concerns. If you have concerns about potential inadmissibility, it is vital to consult with an experienced immigration attorney.
A waiver of inadmissibility allows individuals deemed inadmissible to the U.S. to obtain a visa or adjust their status. The availability and requirements depend on the specific inadmissibility grounds. Applicants must file forms like I-601 or I-212 and often prove extreme hardship to a qualifying U.S. citizen or permanent resident.
Expediting U.S. visa applications is typically reserved for urgent circumstances: humanitarian emergencies, critical medical needs, or significant national interest. Applicants must submit a formal request with compelling evidence. Approval rests solely with the U.S. embassy or consulate and is not routinely granted.
Overstaying your U.S. visa has serious consequences. Your visa is automatically canceled, and you accrue unlawful presence. Over 180 days of unlawful presence can trigger a 3-year re-entry bar, while over a year results in a 10-year bar. Future visa applications may be denied, and you risk deportation. Always maintain legal status.
Yes, you can typically reapply for a visa after a denial. It’s crucial to understand the reason for the initial refusal and address those issues in your new application. If your circumstances have changed or you can provide new evidence, your chances of approval may increase. Consulting with an immigration attorney is highly advisable to analyze the denial and build a stronger reapplication.
Green Evans-Schroeder is conveniently located in Tucson and services clients throughout the area. If you would like more information or wish to schedule a consultation, please call us at either of our two office locations. Se habla Espaรฑol.
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