Getting a Tourist Visa To Enter the United States

Dec 25, 2010 News

As an immigration attorney, the most frequent question I get asked is “How can I get a visitor or tourist visa”.
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence.

Gail S. Seeram

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. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Programme.

Visa Waiver Program:
The Visa Waiver Programme (VWP) enables citizens of certain countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa.
The thirty-six countries that participate in the VWP are: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and United Kingdom.
Qualifying for a Visitor Visa:
Applicants for visitor/tourist visas must show that they qualify under provisions of the U.S. Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant.
Therefore, applicants for visitor visas must overcome this presumption by demonstrating that: (1) the purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment; (2) they plan to remain for a specific, limited period; and (3) they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.
It is important to note that the officers at the U.S. Embassy have discretion in granting and denying applications for visitor/tourist visas.
Each U.S. Embassy has specific application procedures so it is recommended that you check with your local U.S. Embassy for application fees and requirements.

Passing through a U.S. Port of Entry:
Applicants should be aware that a visa does not guarantee entry into the United States. U.S. Customs and Border Protection has the authority to deny admission, and determine the period for which the bearer of a visa is authorized to remain in the United States.
At the port of entry, an Immigration 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 contact the U.S. Citizenship and Immigration Services (USCIS) to request an extension of stay. The decision to grant or deny a request for extension of stay is made solely by the USCIS.
Gail S. Seeram, LL.M, J.D., BBA, is a U.S. Immigration Attorney that handles cases involving family petitions, marriage-based petitions, business/investor visas, citizenship, international adoption, deportation, asylum, work authorization and extension of status.
Call her office at 407-292-7730, email questions to [email protected], visit her website at www.Go2Lawyer.com or connect on facebook at www.facebook.com/Go2Lawyer.