Non-Immigrant Visas Practice Center
Nonimmigrant Visas - An Overview
Nonimmigrant visas are temporary visas that allow foreign nationals to enter the US for a specific purpose for a specific amount of time. It is important that you apply for the right type of visa otherwise you will not be able to accomplish your goals once you reach the United States. Since the 2001 terrorist attacks, the process for obtaining a nonimmigrant visa has become stricter and may take longer than before. If you have questions about applying for a nonimmigrant visa, contact an experienced immigration attorney at Hanlon Law Group, P.C. in Pasadena, California. An immigration lawyer can answer your questions and help you determine which nonimmigrant visa fits your needs.
Nonimmigrant (Temporary) Visas
Applicants apply for nonimmigrant visas through the US consulate or embassy in their home countries. The amount of time it can take to get a visa can vary, so it is best to begin the process well in advance of the time you need to travel to the United States. If you are unsure whether you need to apply for a nonimmigrant visa for your trip to the US, contact your local consulate for more information.
In order to get a visa, you will need to:
- Complete a Nonimmigrant Visa Application (Form DS-156)
- Have a current and valid passport
- Provide passport-style photographs
- Pay application fees
Due to the heightened security measures in the US post-9/11, most applicants for nonimmigrant visas will have to submit to an in-person interview with a consular officer before his or her application can be approved. During this interview, applicants can expect to be questioned extensively about their purpose for seeking the visa, their intent to return to their homeland and their ability to pay for their own expenses while in the US.
Applicants also may have to provide other documentation, depending on the purpose for the nonimmigrant visa. For example, if the applicant is applying for a business visitor visa, he or she should provide a letter from his or her employer stating the purpose and duration of the visit. Since individual applications vary greatly, it is best to contact the consular office directly or review its web site for information about additional documentation.
Types of Nonimmigrant Visas
The most common types of nonimmigrant visas are issued for travelers, business visitors, students and temporary workers. There are 26 other nonimmigrant visa categories available including those for:
- Foreign government officials, such as ambassadors and diplomats
- Ship crewmembers
- Treaty traders and investors
- Foreign journalists and other media representatives
- Fiancé(é)s of US citizens
- Intercompany transferees
- NATO representatives, resident members and staff
- Trade visas under NAFTA
- Athletes, entertainers, fashion models and artists
- International cultural exchange visitors
- Religious workers
Additionally, spouses and unmarried minor children also may be issued nonimmigrant visas to travel with the principal visa holder to the US. It is best to apply for the spousal and/or child visas at the same time as the original visa.
You Have the Visa - Now What?
Once you are issued a visa, you are not guaranteed entry into the United States. The visa gives you a set amount of time during which you can travel to a US port of entry. Once you reach the United States, you will have to provide your visa, passport and other documentation to an officer from the US Department of Homeland Security (DHS). The DHS officer then will determine whether to permit your entry into the United States and how long you will be allowed to stay in the country. The DHS officer will stamp the date you must leave the country on the Arrival-Departure Record (Form I-94). You should keep this form in your passport.
Extending a Stay in the United States
When holders of nonimmigrant visas enter the US, they receive an I-94 card that specifies the date by which they must leave the country. To extend a stay beyond that date, permission must be obtained from the United States Citizenship and Immigration Services (USCIS). Permission to extend a stay must be sought prior to the expiration date on the I-94 card.
There are a few exceptions to the requirement that an extension of stay be sought prior to the I-94 expiration date. If the person requesting an extension can show that the delay was due to extraordinary circumstances beyond his or her control, that the length of the delay was reasonable, that they have not violated any of the conditions of the visa (such as working illegally), that they are still nonimmigrants and that they are not in deportation or removal proceedings, the USCIS still will consider the request.
Conclusion
For more information about nonimmigrant visas, contact Hanlon Law Group, P.C. in Pasadena, California today. Whether you are in the United States already and need to apply for an extension or are preparing to apply for your visa, an immigration attorney can explain the process to you and help you accomplish your goals.
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