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My Law,LLC Immigration Law Firm WebSite: www.mylawllc.com E-mail: attorney@mylawllc.com Phone: 1-(630) 903-9625

Monday, March 21, 2011

B-2 Tourist Visas

If you have a friend or family member that is coming to the U.S. to visit you, they will generally need a B visa. The B-2 visa permits entry into the U.S. for up to 6 months to conclude their visit. Citizens or nationals of certain countries such as Japan or South Korea are eligible for the Visa Waiver Program (VWP). The VWP allows eligible citizens or nationals to travel to the U.S. for tourism or business stays of 90 days or less without obtaining a visa. There have been talks of Taiwan being accepted into the VWP but nothing has been finalized.

Generally, stays in the United States using a B-2 visa involve such activities as tourism, visiting family and obtaining health care. A B-2 tourist cannot be involved in employment while in the United States and cannot undertake an academic study program.

How to apply for a B-2 visa?

The B visa applicant will apply at the U.S. consulate in their home country. Each consulate has specific requirements for the documents required for the application. The applicant will also be interviewed at the consulate. The visa can be issued for long period of validity, such as ten years and for an unlimited number of entries.

How long can your remain in the U.S. with a B-2 visa? In most cases, a B-2 visitor is granted a period of stay of 6 months. You will fill out an I-94 form on the plane and customs will write in last day you are authorized to stay in the US. Customs will stamp your passport and write in either B-1 or B-2 based on your intentions. B-1 status is for business visitors. If the visitor needs to stay longer than the period of authorized stay, they can apply for an extension.

The B-2 Visitor’s Intent
The B-2 visitor visa requires "nonimmigrant intent" - the intent to come to the U.S. only temporarily for a visit, then return home. The B visa applicant must demonstrate to the consular official that they have bona fide nonimmigrant intent. The B-2 visitor must also have nonimmigrant intent each time they enter the US. A common problem is when a B-2 visitor enters the US with plans to marry and stay in the US. They could be accused of having immigrant intent and have their green card application denied. Even worse, they could be accused of visa fraud which could result in a permanent bar meaning they could never enter the US. If you know someone that plans to marry in the US while on B-2, they should contact an immigration attorney.

Can I study while in the US on a B-2 Visa?
A B-2 visitor can engage in a short course of study that is secondary to the main purpose of his or her trip. B-2 visitors should not attend classes in a degree granting program at a college or university. If the B-2 visitor is planning to attend classes in a degree granting program, they will need an F-1 visa. If you are a prospective student entering the US on a B-2 visa, you should declare your intent at customs. They will stamp your passport with a “Prospective Student” stamp which will make it easier to change status to F-1.




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My Law, LLC
Immigration & Tax Law Firm
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