B1-B2 Visitor Visas
Visitors Visas – For Business or Pleasure
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.
The Visitor Visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business or for pleasure or medical treatment. 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. Those types of visas are discussed elsewhere on this website.
Qualifying for a visa
Who can qualify, and what documentation is required.
The Business Visitor
Certain activities, although innocently thought of as being visitor for pleasure are in fact not.
The Visa Waiver Program
You may be able to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa.
Visa Denials
You have a responsibility to prove you are going to return abroad before a visitor or student visa is issued.
Qualifying for a Visitors Visa
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visa applicant is an intending immigrant. That is, immigration officials assume that the foreigner intends to stay in the United States. 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; They plan to remain for a specific, limited period; and They have a residence outside the U.S. and other binding ties which will insure their return abroad.
Applicants for visitor visas should generally apply at the American Embassy or Consulate with 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.
Required Documentation
Each applicant for a visitor visa must submit:
- An application with a picture.
- A passport valid for travel to the United States in the United States.
You must be very careful in trying to obtain the Visitor Visa. If the Visa is denied, you may be barred for up to a year from applying again.
Please read the section on Visa denials for more information.
Medical Emergencies
From time to time we are asked what is the visa used to bring a loved one in the United States for emergent medical care. The B2 Visitor visa is used for that purpose. The Doctor in the foreign country usually recommends a Doctor in the United States. This must be documented in order to show a bona fide claim of medical emergency or necessity to obtain what is not obtainable out of the United States.
Visa Denials
A Visa Denial is a document prepared by the Bureau of Consular affairs in a United States embassy in any country in the world.
A visa denial to visit the United States is usually based on a decision that the applicant id “214(b),” meaning you are not qualified under Section 214(b) of the Immigration and Nationality Act." To be refused a visa when you are not expecting it causes great disappointment and sometimes embarrassment.
Here is what a 214(b)visa refusal means and what applicants and friends can do to prepare for a visa reapplication.
WHY IS THERE A VISA REQUIREMENT?
The United States is an open society. Unlike many countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.
WHAT IS SECTION 214(b)?
Section 214(b) is part of the Immigration and Nationality Act ([NA). It states:
"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time (if application for admission, that he is entitled to a nonimmigrant status...." What this means is this: the United States Government presumes you intend to stay in the United States once you get there, even if you are truly, simply going for a visit. It is your job (and ours if you are our client) to prove to the Consular officials that you are returning to your country after your visit and that you do not plan to unlawfully stay in the United States. The law places this burden of proof on the applicant (you).
To qualify for a visitor or student (nonimmigrant) visa under Section 214(b), applicants have to show that they have a permanent residence and other ties abroad that would compel them to leave the United States at the end of the temporary stay.
United States Consular Officers (who work in United States embassies) are dedicated professionals who have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.
WHAT CONSTITUTES A "PERMANENT RESIDENCE" OR "STRONG TIES"?
Permanent residence and strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.
As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a permanent residence? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.
Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicant's specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.
IS A DENIAL UNDER SECTION 214(b) PERMANENT?
No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Your friend, relative or student should contact the embassy or consulate to find out about reapplication procedures. HOWEVER, ACCORDING TO RECENT CHANGES, THE CONSULAR OFFICER MAY IMPOSE A YEAR WAIT BEFORE RE-APPLYING FOR A VISA. IT BECOMES MORE IMPORTANT THAN EVER TO PRESENT YOUR CASE IN THE RIGHT FASHION.
HOW CAN YOU HELP?
You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify under Section 214(b) according to their own circumstances, not on the basis of an American sponsor's assurances.
WHAT CAN YOU DO IF AN ACQUAINTANCE IS REFUSED A VISA UNDER 214(b)?
First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular of officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under Section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my permanent residence and strong ties abroad? HOWEVER, ACCORDING TO RECENTCHANGES, THE CONSULAR OFFICER MAY IMPOSE A YEAR WAIT BEFORE RE-APPLYING FOR A VISA. IT BECOMES MORE IMPORTANT THAN EVER TO PRESENT YOUR CASE IN THE RIGHT WAY THE FIRST TIME.
WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?
Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the Department has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of fact. The question at issue in such denials, whether an applicant qualified as a nonimmigrant, is a factual one; therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the office to change a prior visa denial only though the presentation of new convincing evidence of strong ties. You may wish to send this brochure to your relative, friend or student abroad. We hope that a better understanding of Section 214(b) will prepare them for successful visa interviews. The phone rang. "Liza, it's Timothy." I went back to the Embassy for another interview! I showed the consul more information about my job and family. This time I got my visa!" Liza was overjoyed. "Great!" she exclaimed, "I'll see you next week!" (OR IS IT NEXT YEAR?)
