Visitor Visas*

There are two types of visitor visas to the United States, the Business Visitor Visa (B-1 visa) and the Tourist Visa (B-2 visa).  The B-2 visa is also used if you are coming to the United States for medical treatment.

How do I get a visa to the United States?
You obtain a B visa at the US Embassy or Consolate using the form DS-156.  You may also need to complete the form DS-157, which relates to terrorism and security concerns of the US government.  Every visitor must also have 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.

In addition, every visitor must have one photo of himself or herself, 2” x 2”, though it is recommended that you bring several extra photos. Click here to learn more about the correct format of the photo.

The basic fee for a visa application is US$100.  This fee is non-refundable, even if you are denied a visa.

Visitors from some countries must submit additional documents and fees.  For specific information about your country and US visas (including additional fees, documents needed, and length of visas issued), please visit the State Department’s Visa Reciprocity and Country Documents Finder.

WARNING: Just because you have a visa, you are not guaranteed to enter the United States when you arrive. You must be inspected by an immigration officer, who could deny you entry.  Common grounds for denial of entry are that you have a criminal arrest or conviction, where previously deported or removed from the United States, entered or remained illegally in the United States, or have a health problem (such as HIV or tuberculosis).

What if I am denied a visa at the US Embassy or Consulate?
The most common reason for being denied a visa is because the US Embassy believes that you plan to stay in the United States instead of return to your home country. When you apply for a visitor’s visa, you promise the US government to leave the United States when your visa expires.  If the US Embassy thinks that you will not leave when your visa expires, they will generally not give you a visa.  If you have strong financial and family ties to your country, it will be easier to get a visa. 

Other common reasons for denial are that you have an immigration petition pending for you, you have a criminal arrest or conviction, you were previously deported or removed from the United States, you entered or remained illegally in the United States, or you have a health problem (such as HIV or tuberculosis).

If you need help getting a visitors visa to the United States, please contat me at (202) 328-1353 or Jason@LawMavens.com.

Can I extend my visa and remain in the U.S. for additional time?
Often, you can extend your stay. The form normaly used to do so is the I-539.  You must file the application for extension of time before your legal status in the United States expires. To know when your legal status here expires, look on the form I-94 (the white card stapled inside your passport). It does not matter if your actual visa is valid, you are out of status when your I-94 expires.

Can I change to a different visa while I am in the United States?
You may be able to change to a different visa without leaving the United States. To do so, you normally must be in legal status and (if you are changing to another type of non-immigrant visa) you use the form I-539.  If someone has filed an immigration petition for you and you plan to adjust status to get your Green Card, please see family immigration.  If you are out of status or need assistance with a change of status, I can help.  Please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

Visa Waiver Program

Visitors from some countries do not need a visa to enter the United States.  If you plan to come to the United States for less than 90 days and are from one of the following countries, you do not need a visa:

Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,  Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

If you come to the United States without a visa, you cannot later change status, unless you leave the United States first.  For example, if you come here without a visa, you cannot then enroll in school and change to a student visa - you must leave the US and obtain your student visa at a US Embassy or Consulate.

* The information on this website is not legal advice, nor is it intended to be legal advice.  You should consult an attorney for specific advice concerning your own situation.

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