OverviewGenerally, 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 (B-1) or for pleasure or medical treatment (B-2). As
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 you would apply for a visitors visa. As additional 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 you would apply for a
vistors visa. The visa allows a foreign citizen, to travel to the United States
port-of entry and request permission of the U.S. immigration inspector to enter
the U.S.
- Changes introduced shortly after September 11, 2001 involve
extensive and ongoing review of visa issuing practices as they relate to our
national security. Visa applications are now subject to a greater degree of
scrutiny than in the past. So it is important to apply for your visa well in
advance of your travel departure date. 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. Review the information below about
Visa Waiver.
- 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.
NOTE: Representatives of the foreign press, radio, film,
journalists or other information media, engaging in that vocation while in the
U.S., require a nonimmigrant Media (I) visa and cannot travel to the U.S. using
a visitor visa and cannot travel on the visa waiver program, seeking admission
by the DHS immigration inspector, at the U.S. at the port of entry.
Visa Waiver Program Travelers coming to the U.S. for tourism
or business for 90 days or less from qualified countries may be eligible to
visit the U.S. without a visa if they meet the visa waiver program requirements.
Currently, 27 countries participate in the Visa Waiver Program, as shown below:
Visa Waiver Program - Participating Countries
| Andorra |
Iceland |
Norway |
| AustraliaIreland |
Portugal |
| Austria |
Italy |
San Marino |
| BelgiumJapan |
Singapore |
| BruneiLiechtenstein |
Slovenia |
| DenmarkLuxembourg |
Spain |
| FinlandMonaco |
Sweden |
| Francethe Netherlands |
Switzerland |
| GermanyNew Zealand |
United Kingdom |
Qualifying for a 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 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 these forms
and documentation, and submit fees as explained below:
- An application, Nonimmigrant Visa Application, Form DS-156, completed and
signed. The DS-156 must be the February 2003 date, either the electronic
"e-form application" or the non-electronic version. You may also check with
the Embassy Consular Section where you will apply to determine if the
hard-copy DS-156 blank form is available, should you need it.
A Supplemental Nonimmigrant Visa Application , Form DS-157 provides
additional information about your travel plans. Submission of this completed
form is required for all male applicants between 16-45 years of age. It is
also required for all applicants from state sponsors of terrorism age 16 and
over, irrespective of gender, without exception. Seven countries are now
designated as state sponsors of terrorism, including North Korea, Cuba, Syria,
Sudan, Iran, Iraq, and Libya. You should know that a consular officer may
require any nonimmigrant visa applicant to complete this form. A passport
valid for travel to the United States and with a validity date at least six
months beyond the applicant's intended period of stay in the United States. If
more than one person is included in the passport, each person desiring a visa
must make an application;
- One (1) 2x2 photograph.
What are the Required Fees?
- Nonimmigrant visa application processing fee - Each applicant for a
visitor visa must pay a nonrefundable US $100 nonimmigrant visa application
processing fee.
- Visa issuance fee ? Additionally, if the visa is issued, there will be an
additional visa issuance reciprocity fee, if applicable.
Additional Documentation It is important that you refer to
the Embassy Consular Section web site to determine visa processing timeframes
and instructions, learn about interview scheduling, and find out if there are
any additional documentation items required. Applicants must demonstrate that
they are properly classifiable as visitors under U.S. law by:
- Evidence which shows the purpose of the trip, intent to depart the United
States, and arrangements made to cover the costs of the trip may be provided.
It is impossible to specify the exact form the documentation should take since
applicants' circumstances vary greatly. Those applicants who do not have
sufficient funds to support themselves while in the U.S. must present
convincing evidence that an interested person will provide support.
- Depending on individual circumstances, applicants may provide other
documentation substantiating the trip's purpose and specifying the nature of
binding obligations, such as family ties or employment, which would compel
their return abroad.
Documentation Needed - When Seeking to Travel for Medical Treatment
In addition to all of the documentation requirements explained above, the
following documentation is also required, for persons seeking medical treatment
in the U.S.:
- Persons desiring to travel to the U.S. for medical treatment should be
prepared to present the following, in addition to any other documentation the
consular officer may require:
Medical diagnosis from a local physician, explaining the nature of the
ailment and the reason the applicant requires treatment in the United
States.Letter from a physician or medical facility in the United States,
expressing a willingness to treat this specific ailment and detailing the
projected length and cost of treatment (including doctors? fees,
hospitalization fees, and all medical-related expenses).Statement of financial
responsibility from the individuals or organization which will pay for the
patient?s transportation, medical and living expenses. The individuals
guaranteeing payment of these expenses must provide proof of ability to do so,
often in the form of bank or other statements of income/savings or certified
copies of income tax returns.
Persons traveling to the U.S. for medical treatment should have a statement
from a doctor or institution concerning proposed medical treatment.
Misrepresentation of a Material Facts, or FraudAttempting to
obtain a visa by the willful misrepresentation of a material fact, or fraud, may
result in the permanent refusal of a visa or denial of entry into the United
States. Visa Ineligibility/ Waiver The Nonimmigrant Visa
Application, Form DS-156 list classes of persons who are ineligible under U.S.
law to receive visas. In some instances an applicant who is ineligible, but who
is otherwise properly classifiable as a visitor, may apply for a waiver of
ineligibility and be issued a visa if the waiver is approved. Additional
Information Visitors are not permitted to accept employment during
their stay in the U.S. Unless previously canceled, a visa is valid until its
expiration date. Therefore, if the traveler has a valid U.S. visitor visa in an
expired passport, he or she may use it along with a new valid passport for
travel and admission to the United States.
Visa DenialsIf the consular officer should find it necessary to
deny the issuance of a visitor visa, the applicant may apply again if there is
new evidence to overcome the basis for the refusal. For additional information,
select Denials to learn more. In the absence of new evidence, consular officers
are not obliged to re-examine such cases. Entering the U.S. - Port of
Entry Applicants should be aware that a visa does not guarantee entry
into the United States. The visa allows a foreign citizen coming from abroad, to
travel to the United States port-of entry and request permission to enter the
U.S. The Department of Homeland Security?s, Bureau of Transportation Security
has authority to permit or deny admission to the United States. Also, the period
for which the bearer of a visitor visa is authorized to remain in the U.S. is
determined by a U.S. immigration officer of the Bureau of Transportation
Security, not the consular officer. At the port of entry (an international
airport, seaport or land border crossing), a Bureau of Transportation Security,
a U.S. immigration official must determine whether you can enter and how long
you can stay here, on any particular visit. If you are allowed to enter, the
U.S. immigration official authorize the traveler's admission to the U.S. At that
time, Form I-94, Record of Arrival-Departure, which notes the length of stay
permitted, is validated by the immigration official. To find out more detailed
information about admissions and entry in the U.S., select Admissions / Entry to
visit the Department of Homeland Security?s, Bureau of Citizenship and
Immigration Services internet site.How Do I Extend My Stay?
Those visitors who wish to stay beyond the time indicated on their Form I-94
must contact the Department of Homeland Security?s Bureau of Citizenship and
Immigration Services to request an application to extend status. The decision to
grant or deny a request for extension of stay is made solely by the Bureau of
Citizenship and Immigration Services.
|