B-1/B-2 VISITOR VISAS FOR BUSINESS AND PLEASURE…

Oct 23, 2016 News

By Attorney Gail Seeram

The “visitor” visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) and for pleasure or medical treatment (B-2). As examples, if the purpose of your planned travel is recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, then a visitor visa (B-2) would be the appropriate type of visa for your travel.
As additional examples, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business (B-1) visitor visa would be the appropriate type of visa for your travel.
Foreign travelers, who are citizens from certain eligible countries, may also be able to visit the U.S. without a visa on the Visa Waiver Program. To view a list of the 38 visa waiver countries, go to the following website: http://www.esta.us/visa_waiver_countries.html
QUALIFYING FOR A B-1/B-2 VISA:
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law.
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:
· 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;
· Evidence of funds to cover expenses in the United States;
· Evidence of compelling social and economic ties abroad; and
· That 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.
WHERE DO I APPLY FOR A VISITOR VISA?
Applicants for visitor visas should generally get information on the application process and apply on the U.S. Embassy website in the jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. For a list of U.S. Embassy websites, follow this link: https://www.usembassy.gov
APPROVALS & DENIALS:
If your application for a B-1/B-2 visa is denied, then the decision is not appealable. No one has an absolute right to get a B-1/B-2 visa – it is at the discretion of the consular officer. However, I have seen circumstances where people are denied but then re-apply after 1 -2 years and then get approved for a B-1/B-2. There is no limit as to how many times you can apply for a B-1/B-2 visa.
If your application for a B-1/B-2 visa is approved, the visa only gets you to the port of entry into the U.S. (the airport). If the U.S. Immigration Custom & Border Protection Officer has any reasonable grounds to deny you entry into the U.S., then your B-1/B-2 (although granted by the U.S. Embassy) may not get you entry into the U.S. There have been circumstances where people with B-1/B-2 visa get their visa revoked or canceled when they attempt entry into the U.S.
Also, now U.S. Customs & Border Protection Officers fingerprint everyone entering the U.S. and have access to databases that reveal employment information, criminal arrest, civic documents such as marriage and divorce documents. With this type of information, U.S. Customs & Border Protection Officers may not allow a B-1/B-2 visa holder into the U.S. if they find the person inadmissible into the U.S. based on U.S. Immigration Laws.
Lastly, if you are granted a B-1/B-2 visa and later a family member or employer files an immigrant petition (green card), then you have the risk of getting your B-1/B-2 visa revoked or canceled.

For more information, contact Gail Law Firm:
Email: Gail@GailLaw.com
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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