If you are coming to the United States on a temporary basis, it is important to get the right visa that will suit your objectives. There are many different types of visas available for work, school, and vacation. An experienced immigration attorney can ensure that you apply for the correct visa, so that you do not violate U.S. immigration law.
Non-Immigrant Visas
A non-immigrant visa allows you to visit the United States for a particular purpose with the intention that you will leave afterwards. Your stay can be for a few months or many years.
Your spouse and dependent children, under 21, may qualify for derivative visas in some of categories.
Work Visas
The United States experiences a labor shortage across different industries and must rely on foreign labor to fill deficiencies. Industries that experience shortages can be for skilled or unskilled labor. Fashion models, scientists, and hotel workers are some of the types of workers that regularly provide their skills to U.S. employers. For some visas like the H-1B, a bachelor’s degree is required. Other visas like the H-2A or H-2B do not require a bachelor’s degree. In most cases, you will need a legitimate job offer from a U.S. employer and labor certification. Depending on the visa, the maximum admission may be 1-year, 3 years or 5 years. Most of these visas can be extended.
Investor Visas
U.S. immigration law allows foreign investors to bring their businesses to America. There are various visas available in this category such as the E-1 and E-2. You will need a business plan, working capital and be able to pass the “marginality test,” to qualify.
Student Visas
Foreign students can study in the United States. The F-1 visa is a popular choice. You will need an admission letter from a U.S. school and financial resources to pay for your course of study.
Visitor Visas
The B1 and B2 visas allow visitors to enter the United States as business visitors or for pleasure visits. You must intend to return to your country after your visit.
Fiancé Visas
This type of visa is available for U.S. citizens who want to marry foreign spouses. You will need to meet your fiancé in person, file a petition and pay filing fees. After your fiancé enters the United States, you will get married and then your spouse will apply for a green card.
Immigrant Visas
Immigrant visas are for permanent residence in the United States. Some non-immigrant visas can lead to permanent residence. Beneficiaries of a marriage-based or family-based petition or an EB-5 investor do not have to first obtain a non-immigrant visa in order to qualify for permanent residence.
How a Visa Attorney Can Help You?
Immigration attorney, Cheryl Fletcher, has been helping foreign citizens and nationals apply for visas to enter the United States. We accept cases in Florida and the entire United States. Please feel fee to reach out to us for a confidential consultation about your particular situation. Our phone number is 561-507-5772, or you can reach us via e-mail or by our contact form.
Visas FAQs
To extend your stay, you should apply for an extension at least 45 days before your authorized stay expires. This can be done by filing Form I-539, Application to Extend/Change Nonimmigrant Status with United States Citizenship and Immigration Services (USCIS) and paying the appropriate filing fee.
It depends on your reasons for visiting the United States. There are over 80 different types of non-immigrant visas and your unique situation will determine the best visa for you. There are visas for diplomats, government officials, visitors, airline and commercial sea vessel members, entrepreneurs, students, fashion models, college graduates, unskilled workers, fiancés, business executives, managers, athletes, entertainers, government witnesses and victims of a crime.
Depending on your visa category, your spouse and unmarried children under 21 years old, may qualify for derivative visas.
This is a very broad question and the answer depends on the type of visa that you have applied for, the eligibility requirements and the evidence that you submitted to prove your case. Common reasons for a visa denial are insufficient evidence, criminal history or inability to meet the eligibility requirements.
The non-immigrant visa process can take a few days to several months, while a few years is normal for immigrant visas. The U.S. government considers each application on a case-by-case basis. Processing times depend on the administration’s workload and whether the visa is immediately available.
If you wish to visit the United States temporarily or be granted entry for a very specific period of time, you will need a non-immigrant visa. The purpose of your trip will determine which visa you should apply for. If you plan to take a vacation, or visit family and friends, a B-2 visa is appropriate. If you have business undertakings, a B-1 visa may be your best option. No visa is required for citizens of the 39 countries that are part of the Visa Waiver Program (VWP), if a single stay will be no longer than 90 days. Canadians and Bermudians are also allowed entry, without a visa, or up to 6 months.
There are a number of visas available to foreign nationals wishing to permanently immigrate to the United States. A fiancée visa is available if to foreign nationals engaged to a U.S. citizens, and upon marriage, the foreign national will be eligible for a green card. Approved family petitions for relatives of U.S. citizens or lawful permanent residents can result permanent resident status for beneficiary foreign nationals. A work visa for individuals who have unique skills, which make them highly sought after in a particular field or industry, can also result in a green card.
