If you arrived at the U.S. border or port of entry by air or sea after April 30, 2013, you can access your I-94 online at https://i94.cbp.dhs.gov/I94. This online record will be created for you by the U.S. Customs and Border Protection (CBP) officer who meets you.
In a few cases, however, the I-94 is issued as a card stapled into the person's passport when they come to the United States. And in still other cases, it's a card that comes with an approval notice issued by U.S. Citizenship and Immigration Services (USCIS) when a nonimmigrant who is in the United States changes to another immigration status while here.
You will see a required departure date on your I-94 in any case; unless you see "D/S" for "duration of status" (discussed below).
Below is a quick summary of how long the various types of visa holders (shown by their letter designation) are normally allowed to stay on any one trip to the United States.
In situations where derivative status is allowed, meaning a spouse and children will accompany the primary visa holder, assume that they will be allowed the same length of stay as the primary visa holder. However, if children marry or turn 21, they will lose their visa eligibility and must either apply to change to a new status or depart the United States.
The normal period of admission might have to be cut short if your passport is about to expire, so make sure your passport has plenty of time left on it when you visit the U.S. consulate with it.
To learn more about individual visas, see the Getting a U.S. Temporary Visa page of Nolo's website. For personalized advice and assistance with the extension application process, consult an experienced immigration attorney.
If this is the case, you might be able to extend or change your lawful stay. If so, the appropriate procedure is to file Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).
Whether USCIS approves your application is, however, completely within its discretion. So, you must show them plenty of evidence that you originally intended to remain in the U.S. for only the authorized period of time, and that you entered with the sole intention of being a visitor for business, pleasure, or medical treatment, but that your plans have since changed.
Below, you will find information on:
Ideally, you'll want to submit your request to USCIS as soon as you learn you might need to change your nonimmigrant classification or stay in the U.S. for a longer period of time. USCIS recommends filing at least 45 days before your permitted stay expires. (The expiration date is shown on your Form I-94, which was prepared for you upon entry to the United States, and which you can download from the U.S. Customs and Border Protection (CBP) website.)
However, submitting this far in advance could be impossible for you if the reason why you need to stay in the U.S. for longer than expected arose at the last moment. Even if you file after you're within the 45 window, go ahead and get that application in, and it will automatically extend your lawfully permitted stay while it's pending.
If you try to file after your B-1 or B-2 status has expired, however, you are considered “out of status.” In order to successfully change your status or extend your stay at that point, you will need to show that there were extraordinary circumstances beyond your control that caused you to delay filing your request and that the time elapsed was reasonable given the circumstances.
Examples of “extraordinary circumstances” are medical emergencies, loss or theft of your passport or other travel documents, or proof that you attempted to file your request and USCIS returned it because it was unknowingly “defective” due to it missing information, the correct filing fee, or particular documents.
If you cannot give USCIS a convincing reason for why you fell out of status, you will be unable to change or extend your B visa classification and should consult with an immigration attorney for advice on whether or not it's in your best interest to immediately depart the U.S. and apply for the visa that you need from your home country.
Be aware that if you remain in the U.S. for 180 days or more after your B status expires, you could be barred from applying for future immigration benefits for many years. For more on this, see Consequences of Unlawful Presence in the U.S.--Three- and Ten-Year Time Bars.
To extend your stay in the United States or change your immigration status here, you will need to provide USCIS with much of the same evidence as you did when you initially applied for your B-1 or B-2 visa. This includes evidence that you can support yourself financially during your time in the U.S. and a written statement explaining the reasons for the extension request.
Also provide detailed information to prove that you intend to return to your home country, that you still have economic and social ties abroad, and that you have enough money to remain in the U.S. for this longer period of time.
Some examples of the types of evidence that USCIS will want to see are:
To learn more about the basic types of evidence USCIS is looking for, read Application Process for a B-1 or B-2 Visitor Visa.
To change your status, you cannot simply submit Form I-539 and wait for your application to be approved. You must also meet all of the eligibility requirements for the new visa and submit the appropriate petition to USCIS.
For example, if you are changing to change to F-1 (academic student) or M-1 (vocational student) status, you must be accepted into a full-time program by a U.S. school and meet other requirements such as having a “prospective student” endorsement noted on your visa. For more information, see Application Process for an F-1 or M-1 Student Visa: Changing Status if Already in the U.S.
If you hope to work in the U.S. temporarily, a visa for that purpose must be available (there can be long waits depending on your level of education and expertise) and your employer must comply with all necessary procedures, such as obtaining labor certification.
The necessary forms, fees, and evidence you should provide depend on the type of visa for which you are applying. For a comprehensive list, see the Forms page of the USCIS website. Ideally, you will submit Form I-539 and the other necessary forms together so that USCIS can give you a decision around the same time.
There is a difference between “changing status” and asking for protection from the U.S. government. Most people who change their status from a B visitor do so after getting the opportunity to work or study in the United States. If you hope to avail yourself of the protections of the U.S. government because of emergency conditions in your home country or because you fear persecution based on a protected ground, you can potentially apply for Temporary Protected Status (TPS) or asylum. You do not need to file Form I-539 along with a petition for humanitarian and protective remedies such as TPS or asylum.
If filing Form I-539 to change to F or M nonimmigrant visa classification, be aware that you cannot enroll in classes until your status change request has been approved by USCIS. If USCIS discovers that you have already enrolled in school, you will be found ineligible to change your status from a B-1 or B-2 visitor.
The same caution applies to various work-related visas. Make sure not to accept unauthorized employment while in the U.S. in B status!
If you have filed Form I-539 to extend your visa or change your status and the date of your authorized stay on your I-94 Arrival/Departure record has passed, don’t panic. USCIS cannot place you into removal proceedings until your application has been decided upon.
In addition, you will not accrue unlawful presence while your application is pending. However, if you receive notice that your I-539 application has been denied, even if the date on your I-94 has not yet passed, your B visa will become void and you will be required to depart the U.S. immediately.
The advice in this article is for people who actually obtained a visa in order to visit the United States. If you traveled to the U.S. using the Visa Waiver Program (VWP), you are not traveling on a visa, so you won’t be able to change your status within the United States.
In addition, you can’t extend your VWP stay except in an emergency situation. If an emergency does occur and you need to stay in the U.S. longer than the 90 days authorized, reach out to the USCIS Contact Center and ask its help in granting you a period of satisfactory departure (the standard is 30 days or less). You might be eligible for other protections such as asylum or Temporary Protected Status if you qualify.
Or, you could try requesting an in-person appointment directly, via USCIS's online "My Appointment" portal. This is new as of late 2023, so it's impossible to assess whether it will be faster than going through the Contact Center, or what happens if you try both methods at once. Also, getting an appointment isn't guaranteed; the agency will evaluate your need after you submit the request.
If you are at all confused about your eligibility to extend or change your immigration status, or need help with the paperwork, you wouldn't be the first. This is a highly complex area of law, and the consequences of mistakes can be dire. You'd be wise to contact an experienced immigration attorney.
]]>Let's take a closer look at some of the exceptions to the required 90-day departure period here.
Medical emergencies are a potential exception to the general bar on extending VWP status. U.S. Citizenship and Immigration Services (USCIS) can grant extensions of VWP stays for up to 30 days more if you are hospitalized for an urgent matter or encounter similarly serious medical or health circumstances. (See 8 C.F.R. Section 217.3.
Such extension requests cannot be made by mail. You will need to call either your local CBP Port of Entry or Deferred Inspection Site or the USCIS Contact Center. Have your passport number ready. Or, you might hire an immigration attorney to arrange matters on your behalf.
The next best bet is to save all records of your hospital stays so that, next time you request a U.S. visa or other entry, you will be able to provide proof that your overstay was due to circumstances beyond your control. It should not be held against you, assuming you leave the U.S. as soon as is reasonably, medically possible.
If you run into changes in your intended travel schedule that were beyond your control; for example, your cruise ship can't leave Florida due to a hurricane, or your airline flight is cancelled due to a pandemic, bad weather, or a security problem; you might also qualify for an exception to the VWP bar on extensions.
If appropriate, you might also want to call either your local CBP Port of Entry or Deferred Inspection Site or the USCIS Contact Center. Or, consider hiring an immigration attorney.
Nice try, but the U.S. government thought of it first.
If, after entering on the Visa Waiver Program (VWP) you leave the U.S. for "contiguous territory" (Canada or Mexico), the immigration regulations will allow you back in for "the balance of [your] original Visa Waiver Pilot Program admission period." (That's assuming that you're still eligible to be let into the U.S. at all—that is, that you are otherwise admissible and meet all the same conditions as for your first VWP entry, such as being financially solvent and having a return ticket home, with the exception of the requirement that you arrive on an authorized, signatory carrier.) (See 8 C.F.R. Section 217.3.)
Legally speaking, you will not be seen as having made a true exit or reentry, but only an "authorized departure" under the program.
So, for example, if you have already spent 60 days in the U.S., then leave and return after ten days, you will be allowed another 20 days to finish out your VWP stay. Your ten days outside the U.S. will be counted against the total 90 days.
An experienced attorney can assist with the task of figuring out how best to allow you to remain in the United States longer than your 90-day VWP limit and help prepare any required paperwork.
]]>However, these new rights apply to married same-sex partners only. What happens if you have a domestic partnership or civil union and you want to come to the United States on a nonimmigrant, temporary visa and have your partner come with you?
In this situation, if you are a foreign national who will be coming to the U.S. on a short-term visa, there might be a way for your same-sex partner to come to the United States along with you; even if you are not married. And it’s completely legal and above board, in line with guidance provided by the U.S. Department of State (DOS).
By way of background, you should know that couples in a legally recognized "marriage," (either same-sex or opposite-sex) can apply for what is known as a "derivative visa" so that a spouse can come along. Nonimmigrant (temporary) visas virtually always permit the spouses to obtain a derivative visa, usually with the same letter designation as the primary visa applicant. The spouse simply needs to show a marriage certificate along with the usual application documents.
An F-1 student, for example, may obtain an F-2 visa for an opposite-sex spouse. Better yet, the F-2 will last for the same length of time as the F-1 visa. In some cases, derivative spouses are allowed to work in the United States.
Unfortunately, even legally recognized civil unions and domestic partnerships will NOT be treated the same as a marriage for immigration purposes. Therefore, if you have not yet married your partner, your partner won't be eligible for a derivative visa. You have two options at this point. You can either:
The first option might not be feasible for many foreign same-sex couples because you might have to travel a long distance in order to get married in a country where same-sex marriage is legal. The good news is that there is a second-best option for unmarried partners, whether they are in a same-sex or an opposite-sex relationship. It involves applying for a tourist visa, also known as a B-2 visa for pleasure purposes. The B-2 does not allow work in the United States.
An initial B-2 visa can be granted for a stay of up to one year, after which its holder will need to apply to U.S. Citizenship and Immigration Services (USCIS) for extensions of up to six months at a time. In order to obtain the B-2, your partner will need to prove that the two of you are part of the same household, as well as meet the other eligibility criteria described in A B-2 Visa for Visiting the U.S. as a Tourist: Do You Qualify?
The visa categories that the State Department has expressly recognized as allowing B-2 visas for cohabiting partners include:
The B-2 eligibility criteria require, in sum, that the applicant be coming to the United States solely for pleasure, plan to stay for a limited, specific period of time (NOT permanently), and have a foreign residence to return to. Many B visitor visa applicants are rejected every day because the U.S. consular officer reviewing the application suspects that the person actually wants to come to the United States to work or settle permanently.
Fortunately, the DOS issued a memo in 2001 stating that “Accompanying one’s ‘significant other’ who is temporarily working or studying in the U.S. would be considered travel for pleasure.” And to allay consular posts’ concerns about applicants intending to stay in the U.S. a long time (which normally would be a red flag indicating a desire to stay permanently), the DOS added that consular officers should, in this type of case, focus on the “B-2 applicant’s ties abroad and the likelihood that he/she would stay in the U.S. illegally after the ‘principal’ alien departs.”
In other words, staying a long time in the U.S.A. is okay as long as your relationship is so close that you’ll also surely leave the United States together.
Applying for a tourist visa involves filling out paperwork, gathering documentation to prove that the applicant meets all the eligibility criteria, and attending an interview at a U.S. consulate in the applicant’s home country. For details, see Application Process for a B-1 or B-2 Visitor Visa. In a case of cohabiting same-sex partners, the B-2 applicant should pay extra attention to collecting documents proving that:
Don't feel limited by this list. You can be creative in showing reasons why you fit the requirements.
Once you are in the United States together, you’ll need to remember that you’re on different visa schedules, as covered in How Long Will Your U.S. Visa Allow You to Stay? Upon U.S. entry, you can access your Form I-94 on the Customs & Border Protection (CBP) website, which will show the date by which you must depart. The B-2 holder’s first I-94 will likely show an expiration date of one year. Before that year is up, the B-2 holder will need to apply for an extension on USCIS Form I-539.
]]>Qualifying for a B-2 tourist visa is not automatic, and for people from some countries, not easy. It depends on what you plan to do during your visit and whether you can convince the U.S. consular authorities that you will really return home afterward, as further discussed below.
You will need to prove to U.S. immigration authorities that you:
Although you will have an in-person interview with a U.S. consular official, your word alone will not be enough to assure the official that you are eligible. For all of the items on the list above, you will need to show documentary proof, which we'll provide more guidance to below.
Here is how the U.S. State Department’s regulations (22 C.F.R. § 41.31) describe the types of pleasure activities that qualify a foreign national for a B-2 visa:
Legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment and activities of a fraternal, social or service nature.
This definition allows for a range of activities, from sightseeing to taking short classes to attending conferences.
It does not, however, allow visits for the purpose of working for pay. This is true even if the pay is not guaranteed, such as prize money. For example, traveling to the U.S. on a tourist visa in order to participate in an athletic competition with a cash prize would not be allowed.
Nor does a B-2 visa allow conducting other business activities, such as attending trade conventions, giving consultations, selling international products, nor even serving as a minister or missionary. A separate visa (the B-1) exists for certain business activities. However, when you apply for a B-2 visa, you are often given a combination B-1/B-2 visa, which allows you to perform those business-related activities.
Pleasure also cannot include working as a member of the foreign press or information media, since there is a separate visa for this (the "I visa").
An intent to commit a crime doesn’t qualify someone for a tourist visa either, no matter how pleasurable the rest of their planned visit.
There are some nontraditional uses of the B-2 visa that you should know about. For starters, someone accompanying a visitor for business (B-1) or certain other temporary visa holders may be given a B-2 visa.
Similarly, family or household members of someone coming on another temporary visa (such as students, diplomats, or temporary workers) who don’t qualify for what’s called “derivative status” and thus an automatic visa of their own as that person’s spouse or child can be given a B-2. While many U.S. visas allow spouses and children to come as derivatives, not all do, so the B-2 visa can be used to avoid family separation.
Being able to come to the United States as a B-2 visa holder also prevents separation of unmarried domestic partners, elderly parents, and others.
Someone wanting to get married in the U.S. but not planning to stay and apply for a green card could also use a B-2 visa instead of a K-1 fiancé visa.
Students looking into potential schools or colleges could also use a B-2 visa whether or not they plan to return home before enrolling (but should make these intentions clear, so as not to be accused of visa fraud if they decide to enter school immediately, without leaving the United States). Also see Filling Out USCIS Form I-539 to Change Visa Status to Student (F-1 or M-1).
And people who have served in the U.S. military and become eligible for U.S. citizenship as a result can use a B-2 visa to come and submit their citizenship application.
Medical treatment is not an activity which many people would consider pleasurable, but it is specifically covered by the B-2 visitor visa. In order to receive a B-2 on this basis, you will need to prove that:
A B-2 visa for medical treatment is often requested by women planning to give birth in the United States. Obtaining one will become more difficult after new regulations that passed in 2020, however. These require that women overcome a presumption that their primary purpose of travel is to obtain U.S. citizenship for the child. You'll need to show a different and permissible purpose for the travel, such as to access specialized medical care that's only available in the United States for a complicated pregnancy. Also see Can I Travel to the U.S. While Pregnant?
When you apply for your B-2 visa, you’ll have to show the U.S. consular officer that your plan to visit the United States is coupled with a plan to leave again, and to leave fairly soon. Using maps, schedules, and receipts you will want to show that your length of stay is based on something real, like a planned event or itinerary, and not just on a desire to stay for as long you can.
Before your trip, think about what you want to see or accomplish while you are in the United States and allot the right amount of time to cover this.
The toughest requirement for many applicants is not the need to prove your well-planned trip to the United States—it’s the requirement that they have a residence and other reasons compelling return to the home country at the end of the visit. The forces pulling you home might include a house, a family, or a stable job.
It’s especially tough because the consular officer reviewing your application presumes that you really want to stay in the U.S. permanently even before having met you. Take seriously your need to document reasons you'll want to return, such as with copies of birth and marriage certificates for close family there, home leases and rental agreements, a copy of a letter from your employer, and so on.
The U.S. doesn’t want to be stuck with anyone who comes as a tourist and then has no place to go afterward. If you’re coming from your home country, carrying its passport, and planning to return home afterwards, the U.S. will figure that your country will let you back in, except in highly unusual political circumstances.
If, however, you will be travelling to a third country after visiting the U.S., be prepared to show that you have a visa or other permission to enter that country.
Every day that you spend in the United States is going to cost money. Your hotel stay, rental car, food, tickets and other items will add up fast, and the U.S. government knows it.
You will have to show that you have the savings to cover your trip, or that someone else is willing to be responsible for supporting you. Bring copies of bank or investment fund statements, for example. If your trip is going to be difficult on your budget, do some research to find out exactly how much you are likely to spend and how you will afford it.
See Application Process for a B-1 or B-2 Visitor Visa for what to do next, and how to prove that you meet these criteria. Also see Steps to Take Following Denial of a B-1 or B-2 Visa.
]]>The BCC itself is a laminated card that authorizes its holders to cross the U.S.-Mexico border by land or to enter the U.S. on a boat from Mexico as a visitor with B-1 or B-2 status. That means the purpose of your visit to the United States can lawfully include business, pleasure, medical treatment, or a combination. The BCC looks like a driver’s license and is the size of a credit card.
It is good for an unlimited number of U.S. entries during a ten-year period, but the holder can stay for only a short period of time (30 days) and travel only within a certain area after each entry. Just as with one-time visitor visas, the BCC does not allow you to accept employment or work in the United States.
You can apply for a BCC only if you are both a Mexican citizen and resident, meaning you are a Mexican citizen who is living in Mexico. Other than this, the eligibility rules are the same as if you were applying for a one-time visa as a visitor, which is known as B-1 for a business visitor, or B-2 for a tourist visitor.
These requirements include:
You can read about the requirements for a tourist visitor visa in A B-2 Visa for Visiting the U.S. as a Tourist: Do You Qualify?.
The application process for a BCC is the same as for a one-time visitor visa. To read about this, go to Application Process for a B-1 or B-2 Visitor Visa.
A BCC is truly meant to foster activities around the U.S. border zone. Thus it allows you to travel only up to 25 miles beyond the border into California and Texas. In New Mexico, you can travel up to 55 miles from the border, and up to 75 miles into Arizona.
If you want to stay longer or travel farther, you will need to request an I-94 at the U.S. port of entry from the Customs and Border Protection (CBP) officer there. You might have to pay a small fee for this. The I-94 will tell you how long you can stay in the U.S. and the type of status you have. In the case of a BCC, you will get B-1/B-2 status.
Although I-94s were once issued in the form of cards, they are now issued electronically at air and sea ports. You are expected to look up your electronic I-94 and download it after your U.S. entry, online. Go to the CBP's I-94 website and put in your name, birth date, passport information, date of entry, and type of status. Or, you can download and use the CBP One™ mobile app on your phone or device.
The ten-year validity of the BCC card refers only to the period during which you can cross the border, not the amount of time you can spend in the United States after having entered. Many people mistakenly believe that a BCC allows them to stay in the U.S. for ten years, which is not the case.
If you stay in the U.S. past the amount of time allowed by the BCC, you will begin to accrue what’s called “unlawful presence,” which can have serious consequences for the next time you try to enter the United States, as described in Consequences of Unlawful Presence in the U.S.–Three- and Ten-Year Time Bars. If you ever home to obtain U.S. permanent residence, overstaying a BCC could severely jeopardize that.
You can enter the U.S. with just the BCC from Mexico over land or by pleasure vessel (a cruise ship or ferry). You do not need any other travel documents in such a case.
If you wish to travel to the U.S. by any other means, however (such as by air, or sea), or through any other port of entry (including through the Canadian border) you will also need to bring a valid Mexican passport.
If you encounter issues getting a BCC or have questions about your rights to visit or stay longer in the United States, consider hiring an experienced immigration attorney to analyze the situation and represent you before U.S. immigration authorities.
]]>There's a reason why, in applying for any temporary or "nonimmigrant" visa to the U.S., it is essential that you bring documentation to the U.S. consulate to show that you:
(For more information about the types of documents you can use to apply for a B visa or demonstrate VWP eligibility, see Visiting the U.S. for Business, Pleasure, or Medical Treatment.)
Basically, the U.S. wants to know that you're not using the temporary visa as a foot in the border-door while having the secret plan to stay permanently. Such a hidden intention would be considered visa fraud, and could permanently destroy your hopes of visiting or living in the United States.
That's why having an eventual right to a green card, but possibly in a category subject to annual limits and sometimes long waits (such as spouses of U.S. lawful permanent residents, or brothers and sisters of U.S. citizens), can complicate your U.S. travel plans. The Form I-130, Petition for Alien Relative filed on your behalf reveals that you intend to live permanently in the U.S. at some point in the future.
As a result, noncitizens with pending I-130 petitions who want to visit the U.S. face greater scrutiny when applying for a B-2 visa at a U.S. embassy or consulate or from Customs and Border Patrol (CBP), if traveling on the VWP or from Canada. In the worst-case scenario, this means that you could fly all the way to the U.S. only to be turned back by CBP.
A denial of a nonimmigrant visa application is by no means inevitable, even if someone has already petitioned for you to immigrate to the United States. Plenty of people with pending immigrant visa petitions have successfully traveled to the U.S. on a B visitor visa or, if eligible, on the Visa Waiver Program (VWP).
Canadians, who do not need a visa or visa waiver, also frequently cross the border to visit a U.S. spouse without much problem.
However, some people with a U.S. spouse or other family member who could or has petitioned for them are, in fact, denied the opportunity to visit because the consular officer or border official determined that they did not present sufficient evidence showing that their stay would only be temporary.
There are other factors that might tilt the scales either in your favor or against you. If you have a clean immigration history and criminal background and there is evidence that you traveled to the U.S. in the past without incident, you might have an easier time when you are interviewed at the U.S. consulate or inspected upon arrival.
The reverse is also true, so if you overstayed a visa in the past or got into trouble with the law, you probably will face difficulty. If you are from a country with a high rate of visa denials or citizens who overstay their visas, you will likely encounter an uphill battle, whereas people from “less suspect” nations might face fewer hurdles.
If you are eligible for the VWP, you can certainly use that to board a flight or other form of transport to the United States, without having to apply for a visa first. However, there's reason to be nervous that you might be turned away by CBP because of your pending immigrant visa petition. Because of this, you might want to apply for a B visa instead. This provides added assurance that you won’t be turned away at the border after doling out the expenses for your U.S. trip. However, keep in mind that CBP can always override a visa decision.
If you are worried about your ability to obtain a nonimmigrant visa to the U.S. with a pending I-130 petition, consult with an immigration attorney, who can advise you on how to proceed based upon your individual situation.
]]>The program you will be volunteering with must assist the poor or needy or further a religious or charitable cause. It may not involve earning money by selling items or soliciting or accepting donations. You may not accept payment for your efforts, but the organization can provide an allowance or reimbursement for incidental expenses.
Once you have identified a voluntary service program, the next step is to apply for your visa at the U.S. consulate or embassy in your home country. Each U.S. consulate or embassy has a website with specific instructions for completing the application form and paying the visa fees; find the one you need at http://www.usembassy.gov/.
In addition to the basic items, such as your passport, application form, and visa fee, you will need a letter from the organization you will be helping. The letter needs to describe the organization and the service program and include the following details:
When you appear for your visa interview at the U.S. consulate, be prepared to explain the organization, your membership, the proposed volunteer work in the United States, and for how long you plan to stay. The consular officer might have questions about your plans, so you will need to be ready to provide any requested information.
After the visa interview, you should receive your passport back with the visa within a few days or weeks. The processing time will depend upon the particular consulate's workload.
Depending upon the "reciprocity agreement" between the United States and your country, the visa might be valid for just a few months or up to ten years. It also might be valid for one or multiple entries.
If it is a single-entry visa, this means you can use it just one time to enter the United States. If you travel outside the U.S. before your project is completed, you likely will need to apply for a new visa before returning. If the visa is a multiple-entry visa, this means you can use it to enter the U.S. any number of times while it remains valid.
Keep in mind that a visa merely allows you to request to enter the United States. It does not guarantee that the U.S. Customs and Border Protection (CBP) officer at the airport or other point of entry will allow you to enter. To be sure, having the visa is normally a good sign that you'll be allowed to enter, but the CBP officer will still be looking for signs that you are inadmissible.
When the Customs and Border Protection officer greets you and reviews your passport and visa, you will receive a stamp in your passport that notes the date you arrived, your visa class (B-1 visitor), and how long you may remain.
With a B-1 visa, you should receive a period of stay of up to one year. If you receive a shorter period, or if your volunteer program will last longer than the authorized stay noted in your passport, you can later submit an application later (Form I-539), with filing fee and supporting documents, to U.S. Citizenship and Immigration Services to extend your stay.
You will need to provide an updated letter from the organization, similar to the one you used to apply for the visa, copies of your passport (including the photo and visa pages), I-94 Departure Record (which you can obtain at the CBP website), and evidence of how you are supporting yourself while in the United States without working here for pay.
You may request extensions in periods of up to six months. Based on USCIS's published guidelines, the possibility exists that this agency might take a more restrictive approach than the State Department does, and grant extensions only if you're volunteering for a religious organization.
Therefore, if you're volunteering for a non-religious organization (a charitable nonprofit), it would be an excellent idea to talk to an immigration lawyer to evaluate your options.
If you are a citizen of a designated country (see below) and plan to complete your volunteer activities in 90 days or less, you might be able to travel to the U.S. without a visa, under the Visa Waiver Program. You simply need to complete the ESTA (Electronic System for Travel Authorization) online registration, then board your flight. The above requirements still apply, and you will need to have the same letter that is required for someone applying for a B-1 visa. The Customs and Border Protection officer at the airport in the U.S. might ask to see this letter before allowing you to enter the United States.
If you use the Visa Waiver Program, you may not extend your stay in the United States beyond the initial 90 days. It also is not recommended to enter the U.S. for 90 days, travel to your home country, and immediately try to return for another 90 days. Attempting to do so could result in the Customs and Border Protection officer refusing your entry and requiring you to obtain a visa.
Therefore, even if you're from one of the Visa Waiver countries, if your volunteer assignment will last more than 90 days, you will need to follow the process described above to apply for a B-1 visa at the U.S. consulate abroad.
With some research and planning, you can find a service program that will allow you to obtain a visitor visa to volunteer in the United States. Be sure to gather the required documents and follow the visa application procedures. Or, if you're spending fewer than 90 days in the U.S. and are from a Visa Waiver country, just make sure you have a valid passport and a letter from the organization you will be assisting.
]]>A U.S. visitor visa may be valid for up to five years and multiple entries, depending on one's country of nationality. The U.S. consulate will normally treat a visa application as a renewal if the old visa expired less than one year ago and was issued for the maximum period of validity allowed in that country.
It is a common misconception that the qualifications for visa renewal are different than those for a first visa. In actuality, all the same criteria apply. Principally, the U.S. consular officer must be convinced that you will return to your home country after your visit to the U.S. and that you will not violate U.S. immigration or criminal laws. Your prior travel history is one important factor that the officer will consider in making this determination, but it's not the only factor. Let’s look at the most likely causes for denial.
If, during a prior trip, you remained in the United States past your permitted stay on a current or now-expired visa, you stand a much lower chance that your visa will be renewed. You can doublecheck by looking at your I-94, which a Customs and Border Protection (CBP) official prepared for you upon U.S. entry. It contains the date by which you were expected to leave. If you remained in the U.S. past that date without proper permission, that means you overstayed.
If you overstayed by more than 180 days, you will be ineligible for a visa for at least the next three years. An overstay of 365 days or more leads to visa ineligibility for ten years.
Waivers are available, but consular officers do not usually request waivers for tourist visa applicants with recent overstays, absent extraordinary circumstances.
There are only a few types of “work” that you can legally do as a tourist/business visitor to the United States. The most common violations of this rule involve visitors who provide private child care or housekeeping, perform as musicians (even if unpaid), work in a family business, or freelance in their profession.
U.S. consular officers can ask many questions and conduct independent investigations, thus bringing such information to light.
Even if you hold a B-1 “business” visa, you are only allowed to attend conferences or meetings, you are not authorized to work in the United States. The few exceptions are narrow and nuanced.
At your first visa interview, the consular officer likely asked you what you were going to do in the United States and how long you planned to stay. Now, when it’s time for your renewal, the officer might look to see if you actually did what you said you were going to.
The officer will also look at your travel patterns, checking for anomalies. For example, if you are married to a non-working spouse and have minor children, and you took a four-month trip alone to the U.S., this would invite further questioning. The officer would likely want to know how you were able to afford this type of travel, and investigate whether you performed unauthorized work to finance it.
Be prepared to tell the consular officer at the interview about what you did on any of your prior trips to the United States. This includes the purpose of your travel, approximately how long you stayed, how you financed your trip, who went with you, and so forth. If you requested an extension of stay on a prior trip, the officer is likely to ask about this, as well.
If your family or life situation is vastly different from the last time you received a visa, you might be asked to provide new documentation of your financial stability or employment (although you should take this type of documentation with you in any case.)
For example, if you have a new spouse living in the U.S. or you are recently widowed or divorced, the U.S. consular officer will want to ensure that you still have sufficient enough ties to your home country that you will return there at the end of your permitted stay on a B-1 or B-2 visa.
It is not a violation of the terms of your visa to receive medical care, including giving birth to a baby, in the U.S., as long as you pay your hospital and other medical bills in full. Be prepared to show the consular officer documentation of full payment.
Hospital social workers often visit uninsured patients and assist them in applying for public medical benefits so that the hospital can recoup some of its costs. However, only low-income individuals qualify for the financial assistance known as Medicaid. Therefore, if you used Medicaid in the U.S., it will be difficult to convince the officer that you actually have the resources with which to travel and that you will not use public assistance again.
If you qualified for Medicaid because you did not disclose a foreign source of income on your Medicaid application, then you might have committed fraud, which would also likely result in nonrenewal of your visa to the United States.
Additionally, if your hospital bill was sent to a collections agency and settled for an amount less than the full amount, convincing the consular officer that you have the financial stability required to qualify for a B visa will be a challenge.
In order to study in the United States, the person must have a visa that permits this. A tourist visa does not, especially as regards public school. Very short courses of study might be allowed on a tourist visa, but this is a limited exception.
Public schools in the U.S. ordinarily cannot ask about a student’s immigration status, therefore schools sometimes unknowingly allow people on tourist visas to enroll. Some parents, for example, have been known to leave their child with a relative in the U.S. for a semester and enroll the child in public school in order to improve the child’s English language skills. This is not permitted on a tourist visa. If you or your child attended public school on a tourist visa, your entire family’s visa renewals could be denied.
Having no stable job is a common reason for consular officers to deny a B visa renewal. This is not a hard and fast rule; the officer will look at the applicant's situation as a whole.
For some people, such as recent university graduates or former employees who received a severance payout, a period of unemployment might provide the perfect opportunity for leisure travel. But a consular officer will want to see significant savings that allow you to travel and support yourself and your family.
If you had any type of law enforcement encounter since your last visa was issued, you might no longer qualify for a B-1/B-2 visa. Even if the charges were dropped or the conviction does not result in automatic visa ineligibility, the officer might have doubts as to whether you will properly use the visa and abide by U.S. laws.
If you were arrested or convicted of a crime involving drugs or alcohol, the officer can require you to undergo a medical exam with the embassy physician before issuing the visa. Some crimes might also be viewed as possibly harmful behavior associated with a mental disorder, which would also necessitate further evaluation by an embassy physician.
Minor children usually qualify for U.S. visitor visas on the basis of their parent’s financial stability and ties to their home country. Once you are an adult, however, you must qualify for your visa based on your own financial resources and ties to your home country. If you always respected the terms of your visa on prior trips, this certainly will help you to qualify. If you are a young university student, the officer may still consider your parent’s resources in determining your visa eligibility, but this will depend on your individual situation.
U.S. consular officers review various databases to determine whether the information you are providing is accurate. The officers will also take note of whether questions that you answered in your written application match your oral answers at the interview. Some applicants get into trouble because someone else filled out the visa application for them, and they forgot to check it for accuracy.
If none of the above factors apply, it’s possible that the consular officer who interviewed you was new or inexperienced, or was only recently posted in your country. Such officers sometimes err on the side of caution and, when in doubt, refuse visa renewals.
For more information, see My U.S. Tourist Visa Was Refused: Should I Reapply?
]]>Now you are perhaps wondering what happens next: Is this on your permanent immigration record? Can you ever come back to the United States? This article will address these questions, and suggest your best path forward.
The fact that you have been refused entry under the Visa Waiver Program (VWP) will indeed go on your permanent immigration record. That means it could impact whether you are allowed into the U.S. in the future.
But, unlike in a case where someone has actually been removed or deported from the U.S., VWP applicants do not typically face any automatic bar upon returning. These bars can last for many years.
If, however, you apply again to enter the U.S. on the VWP, chances are high that you will be denied when you complete the required application using the State Department’s Electronic System for Travel Authorization (ESTA). One of the ESTA questions asks whether you have ever been denied entry to the United States. (Lying on this answer COULD lead you to be permanently barred from entering the United States.)
Your “yes” answer is likely to lead to a denial, although there’s no harm in trying. But you’d still risk being turned around at the border once again, even if your ESTA is approved.
Despite the VWP entry denial, you can still go to a U.S. consulate in your home country and apply for a tourist (B-2) visa. (See A B-2 Visa for Visiting the U.S. as a Tourist: Do You Qualify? for more information.) There, you’ll have a chance to meet with a U.S. consular official and hopefully convince that person that your intentions are truly consistent with the visa you are applying for. The consular officer will enter notes about your travel plans into the consular database.
If your visa is approved, the Customs and Border Protection (CBP) officers at the U.S. port of entry can see these notes, which will serve as corroboration of your legitimate travel plans. Also see At the U.S. Border or Airport: What to Expect When Entering.
A final caution, however: Even after getting a visa, U.S. border officials can still refuse you entry; though it’s less likely this time. But if they do so, they could potentially put a formal order of removal into your immigration record, thus creating a minimum five-year bar to your return. If you are truly, sincerely entering as a tourist for a short visit, with a return ticket, sufficient funds for you trip, and a visa, you shouldn’t encounter any problems.
]]>The following types of visa holders can have their domestic or personal employees apply for B-1 visas:
If you don’t see your visa category on this list, don’t give up quite yet. A-3 visas are available to the personal attendants, servants, and employees of A-1 and A-2 ambassadors, diplomats, and other foreign government officials; and G-5 visas are available to the attendants, servants, and personal employees of G-1 through G-4 visa holders (foreign government representatives or employees of international organizations).
In some cases, the above (and other) visa holders can actually obtain derivative visas for certain members of their work staff. For example, there’s an O-2 visa available to essential support staff of O-1 visa holders, and P-1S visas are available to the essential support staff of athletes and entertainers. Nevertheless, the B-1 is a valuable option in cases where no other visa is appropriate—most often where the servant or other worker’s job is not actually connected to the primary visa holder’s work, but has more to do with the primary visa holder's domestic or home life.
In order to qualify for the visa, household employees must submit an application (at the same time or later than you, the household employer) and prove to the satisfaction of a consular officer working for the U.S. State Department that they:
The process of applying for a B-1 visa to the United States is fairly simple. Applicants must fill out one U.S. government form, prepare some documents (including proof of ties to the home country and proof that they meet the criteria listed above, such as the employer letter mentioned, a copy of the employment contract, and proof that you have purchased plane tickets for them), pay some fees, and visit a U.S. consulate for a personal interview. See Application Process for a B-1 or B-2 Visitor Visa for an overview of the process.
Be aware, however, that this use of the B-1 visa is fairly rare. The consular officer whom your employee meets might literally have never heard of it, and therefore deny it. Be careful to assemble a complete set of documents proving that any such employees meets the qualifications. The employees might also want to bring a copy of the relevant section of the Foreign Affairs Manual, at 9 FAM 41.31 N9.3-2.
There’s one major hiccup in the procedural steps to bringing your domestic help to the United States to work in your household—they aren’t allowed to actually perform work in the U.S. until they have applied for and received a work permit (also called an Employment Authorization Document or EAD) from U.S. Citizenship and Immigration Services. However, they cannot apply for this work permit until after having arrived in the United States. The application must be made by mail.
USCIS processing times for this application (made on USCIS Form I-765) vary, but be prepared to wait several months for a decision. See Filling Out Form I-765 for more on this. Your domestic employee will start their U.S. stays with a long vacation!
If you are in the U.S. on a work-based nonimmigrant visa, it’s entirely possible that your permitted stay will last longer than your employees’. Employee on a B-1 visa will be permitted no more than one year’s stay at the beginning. They can apply for extensions, in time periods of up to six months at a time. The initial work permit will last only as long as the initial permitted B-1 stay. So, you’ll need to plan ahead for renewing both your employees’ status in the U.S. and their work permits. See Filling Out Form I-539 to Extend Nonimmigrant Visa for more information.
It should also go without saying that if you, as the primary visa holder, leave the U.S. earlier than intended, your employees' B-1 status will evaporate as well. They should take care to leave the U.S. at the end of their permitted stay. Accrual of unlawful presence in the U.S. can have serious consequences for their right to return.
It can be helpful to consult with an attorney who specializes in immigration law in order to discuss and strategize your household's visa applications. The attorney will know the latest USCIS policies and can help you prepare a convincing case.
]]>What will happen? There’s good news and bad news.
The bad news: Because you stayed past the date authorized by the Department of Homeland Security, you will be ineligible for the Visa Waiver Program (VWP) and might have a more difficult time obtaining a visa to enter the United States in the future.
If you want to vacation in the United States again as a tourist, you will have to apply for a B-2 visitor visa (and pay the applicable fees) at the U.S. embassy or consulate in your home country.
In preparing your visitor visa application, you will need to provide plenty of evidence to prove your “nonimmigrant intent” (that you intend to return home when your permitted stay is over) and that you can afford your trip to the U.S., such as an itinerary showing your return date, proof of your permanent job or residence in your home country, and financial documentation. To learn more about this, read Application Process for a B-1 or B-2 Visitor Visa.
You can also expect further questioning at the U.S. border because of this past immigration violation.
The good news? You will not be subject to a time bar on reentering the U.S., so long as your overstay did not last more than 180 days. Make sure that you have proof of your date of departure (passport stamp or plane ticket, for example) in order to prove that your brief overstay shouldn’t trigger a time bar. For more information on how spending time in the U.S. without permission creates a lengthy period of inadmissibility, see Consequences of Unlawful Presence in the U.S.–Three- and Ten-Year Time Bars.
People who travel to the U.S. on the VWP have less access to immigration relief than actual visa holders. For instance, there is no way to extend a U.S. visit on the VWP unless you encounter an emergency situation, such as a medical problem, that prevents you from leaving. If that happens, you can ask U.S. Citizenship and Immigration Services to grant a period of satisfactory departure of 30 days or less.
If you qualify based on persecution in your home country, you may also apply for asylum. See Who Can Visit the U.S. on the Visa Waiver Program (VWP) to learn more about your rights and obligations while on the VWP.
]]>Unfortunately, there is no opportunity to appeal a B-2 visa denial. But what if you were to apply again for a B-2 visa? This article will help you:
Let's say you were found to be ineligible for a B-2 tourist visa under Section 214(b) of the Immigration and Nationality Act because you didn’t convince the consular officer that your visit to the U.S. would be temporary. The officer will, in accordance with this law, assume that your real plan is to stay permanently unless you prove otherwise. This is called “immigrant intent,” and the burden is on you to demonstrate that you have enough ties to your home country (such as a job, schooling, home, close family, and other long-range plans) and that you truly intend to make only a temporary visit to the United States.
There could be many reasons why your B-2 visa was denied for immigrant intent. If, for instance, you traveled to the U.S. in the past and overstayed the time permitted under your visa or extended that stay, this might indicate to the consular officer that you do not intend to comply with the visa requirements.
If you made a very recent U.S. visit or stayed for a long period the last time, the officer might also question why you need to return so soon. Or, it could be that you haven’t provided enough evidence to show you have a permanent home, job, or established life in your home country.
Take an honest look at your life situation and your U.S. immigration history to determine the reasons why you were refused a B-2 tourist visa. Once you've figured that out, it's time to consider reapplying.
While you can’t appeal the consular officer’s decision regarding your B-2 visa, the good news is that the decision is not permanent. You can reapply for a visa at any time after your refusal. However, you shouldn’t just reapply immediately on the hope that you will give a more convincing interview or draw a more sympathetic official to handle your case.
Chances are high that you will be denied again unless at least one of the following applies to you:
Some applicants assume that if they are refused a B-2 visa it is just a matter of bringing more documents or evidence the next time they apply. Unfortunately, it might be that, no matter how much proof you provide, the consular officer just does not believe that you are coming to the U.S. on a temporary visit for pleasure. It's tougher in some countries than others; if your has a high rate of people who travel to the U.S. and not returning, then your task of showing that you'll be different gets even more difficult.
If you are having trouble obtaining a tourist visa, you might want to consult an immigration attorney, who can assess your individual case and advise you on how to proceed.
]]>In addition, pregnant women traveling to the U.S. must meet U.S. immigration requirements, as discussed below.
In many situations, U.S. immigration law considers pregnancy to be much like any other medical condition. Entering the U.S. for medical treatment is allowed under a B-2 visa, though you must be able to pay for it with your own funds or with private health insurance. (See the DOS Foreign Affairs Manual at 9 FAM 402.2-4(A)(2).)
It can be extremely expensive to give birth in the U.S., especially if medical complications arise. Even a birth without complications can cost around $10,000, and many insurance plans do not provide coverage outside the policyholder’s home country.
But there's an additional consideration, particularly if you are close to your due date: In early 2020, the U.S. State Department (DOS) issued a major amendment to its regulations, restricting the ability of pregnant women to obtain B-2 tourist visas for travel to the United States. The idea is to prevent “birth tourism,” or the practice of coming to the U.S. to deliver one’s child so that the child can automatically obtain U.S. citizenship. (For related information, see Will Having U.S. Citizen Children Prevent Deportation of Undocumented Immigrant? )
The new rule does not affect people who are in the process of seeking lawful permanent residence in the U.S. (a “green card”) or any other kind of temporary ("nonimmigrant") visa, such as an F-1 academic or M-1 vocational student visa or H-1B work visa. The rule also does not apply to people coming to the U.S. with visas they previously obtained or on the Visa Waiver Program.
However, women applying for B-2 visas who will give birth during the period of time their tourist visa is valid will be presumed to be visiting the U.S. for the purpose of obtaining U.S. citizenship for the child. To overcome this presumption, you would have to show that you have another valid reason for visiting the U.S. or that you do not intend to give birth in the United States so that your child will obtain citizenship. If you have evidence of another reason for visiting the U.S. or proof you will return before your child is born, bring it to your visa interview.
If applying for a tourist visa for the purpose of seeking medical treatment in the U.S., that's still possible (for example, because you need specialized care). However, you'll need to show not only that you aren't mainly seeking U.S. citizenship for your child, but that a medical professional in the U.S. has agreed to provide the needed treatment and that you have the financial means to pay for it.
International airlines prescreen passengers to determine whether they meet the basic entry requirements of the destination country. This is because the airline is responsible for paying and arranging your return travel if you are denied entry into the destination country (though they might send you the bill later.) Airlines face hefty fines for failing to adequately prescreen passengers.
Therefore, if you are visibly pregnant and traveling to the U.S., the airline might ask you for documentation to prove you can either pay for the birth in the U.S. or that you will be returning home well before your due date.
The airline is especially concerned about the risk of you going into labor during the flight. But the airline is also concerned with the difficulties of arranging urgent return travel for you if you are denied entry.
U.S. Customs and Border Protection (CBP), the agency whose officers meet visitors upon arrival to the U.S., looks closely at a pregnant visitor’s ability to pay for the birth if she goes into labor while visiting the country. The higher the likelihood that you will go into labor during your visit, the more CBP will be focused on your ability to pay.
If, for example, you are six months pregnant, have an apparently normal pregnancy, and plan to stay two weeks in the U.S., the chances you will go into labor while visiting are pretty low, and CBP would be more likely to allow you to enter (especially if you have always respected the terms of your visa on past U.S. visits.) If, however, you are eight months pregnant and plan to stay three weeks in the U.S., CBP would probably want proof that you or your insurance can pay for the possible birth.
You should also know that CBP prescreens passengers in some foreign cities, such as Toronto. This means that passengers actually go through U.S. immigration screening by U.S. officers before boarding the flight to the United States. If you are leaving from a city with CBP pre-clearance, expect this screening to take place before you board your flight.
When pregnant women cross into the U.S. via a land border, CBP considers the same factors as at the airport, but can be strict when women are close to their due date. At international airports, it is less common for CBP to see travelers who are within days of their due date; such women would have likely already been refused boarding by the airlines.
At the land border, however, a woman might just want to go to the U.S. for the day to shop or visit family, even when close to her due date. It is also easier for CBP to deny entry at the land border because it doesn’t have to worry about the special concerns of detaining pregnant women, given that most arrive by car and can quickly be processed.
When considering whether to travel to the U.S. during the later stages of pregnancy, you should take into account the potential long-term consequences of being denied entry to the United States.
If you are entering the U.S. from a visa waiver country, such as Australia or the U.K, you will no longer be allowed to use the Visa Waiver Program after being denied entry.
If you are entering the U.S. on a visa (such as a B-2 visitor visa) and are denied entry, you will likely need to apply for a new visa (which might not be approved because of your recent entry denial) and might be barred from entering the U.S. for the next three years.
If you previously had a baby in the U.S. and are seeking entry while pregnant, CBP will be more inclined to ask for proof that you paid for your prior birth and if you did not, to deny you entry.
Because the consequences of being denied entry can have such a profound impact on your future ability to travel to the U.S., consider postponing travel in the later stages of your pregnancy; unless you are sure you can demonstrate that you have the resources to pay for the birth, regardless of what complications might arise and exponentially increase the cost.
]]>This article will discuss who will qualify for a B-2 visa for U.S. medical treatment and how to demonstrate your pressing need for health services in the United States. For more general information about who is eligible for a B-2 tourist visa, see A B-2 Visa for Visiting the U.S. as a Tourist: Do You Qualify?
In order to qualify for a B-2 visa for the purposes of treatment by a U.S. physician, you will need to show U.S. immigration authorities that you plan to make a brief and temporary visit to the U.S. for necessary medical attention that is unavailable in your home country. As part of the application process, you will need to provide evidence that you:
When you visit the U.S. consulate to request the visa, you will have only a short time in which to convince the consular officer that you deserve it, and are not just seeking a way into the U.S. to stay permanently. That's why having written documentation to support your request is crucial.
B-2 travelers seeking medical treatment must provide U.S. officials with a letter demonstrating their need for U.S. medical treatment. Ideally you will provide a letter from your local treating physician (on official letterhead) describing:
You must also provide a letter from a healthcare professional in the U.S. who is willing to treat you.
Before applying for the B-2 visa, do your research and contact a variety of medical professionals who can treat your condition to get an idea how long you will need to be in the U.S. and how much you may be expected to pay for the treatment and any related costs such as tests, doctors’ fees, hospitalization, and prescription medication.
Once you have decided on a doctor who can best serve your needs, obtain a letter from the U.S. physician or medical facility outlining:
The price of U.S. medical services can come as a shock to visitors who are accustomed to government-subsidized care in their home countries. You will need to show U.S. government officials that you have adequate financial resources to pay for the medical treatment that you need. You will not be able to rely on any U.S. welfare or public assistance, because the law says that people who are likely to become a “public charge” will not be eligible for a B-2 visa.
Therefore, be ready to provide bank statements or other records showing the amount of cash that you have immediately available to pay your medical costs while in the United States, as well as for your expenses during your stay (such as housing, food, and transportation).
If you do not have enough income to show this, you can have a U.S. relative or friend agree to sponsor you using Form I-134, Affidavit of Support. This person will need to provide information about their employment, income, bank accounts, and other personal property to show that they have enough resources to cover your expenses during your trip to the United States. Be aware that Form I-134 is intended as a contract between the person signing the form and the U.S. government.
But providing Form I-134 to show sponsorship of your trip is not a guarantee that the U.S. official will approve your visa application, especially if the costs of your medical treatment are very high. Your chances are greatest if the person guaranteeing to pay for your costs is a close relative such as a parent, spouse, or child.
Although medical exams by U.S.-authorized doctors are mainly required of people who wish to immigrate to the U.S. permanently, you might be required by the local U.S. embassy or consulate to have such a medical examination in order to receive a B-2 tourist visa for medical treatment.
The purpose of this exam is to determine whether or not treatment for your disease or ailment is available in your home country. You will also be screened for any communicable diseases that would make your inadmissible to the United States. For more detailed information about medical exams overseas, you can see the U.S. State Department’s FAQs on this topic.
People with certain contagious diseases are considered “inadmissible” to the U.S. and might not be able to obtain a B-2 visa for medical treatment. To learn more, see How Health Issues Can Make You Inadmissible to the U.S.
The Centers for Disease Control (CDC) maintains a list of those diseases that it considers to be of “public health significance” for the purposes of immigration. These communicable diseases include sexually transmitted diseases such as syphilis and gonorrhea and bacterial diseases such as tuberculosis and leprosy. Also included are contagious diseases such as cholera, diphtheria, smallpox, and yellow fever.
In 2010, the CDC removed HIV from the list of diseases that rendered travelers inadmissible to the United States.
COVID-19 has been added to the list. If you have an active case, you will need to wait to travel. In addition, foreign visitors who seek to enter the United States by air must show proof of being fully vaccinated against COVID-19 (though booster shots are not a requirement). There are exceptions to this rule; see guidance from the U.S. Centers for Disease Control.
The State Department amended its regulations in January 2020 (see 9 FAM 402.2), in an effort to discourage "birth tourism," or the practice of women coming to the U.S. to deliver a child who would then automatically become a U.S. citizen.
Under the new regulations, pregnant female applicants seeking a B-2 for medical treatment will have to overcome a presumption that their primary purpose in travel is, in fact, to obtain U.S. citizenship for that child.
This isn't impossible to overcome, but it will be difficult. You'll need to show a different and permissible purpose for the travel. Someone facing a complicated pregnancy, for example, might be able to show that the appropriate specialized medical care is not available in the home country, but can be obtained in the United States. This will, of course, require documentation from doctors and other relevant sources.
If you think you are eligible to travel to the U.S. for medical treatment, the next step is to learn more about how to apply for a B-2 visa at Application Process for a B-1 or B-2 Visitor Visa.
]]>Keep in mind that if you are from one of the many countries that participate in the Visa Waiver Program and your planned trip is for 90 days or less, you may be able to travel to U.S. without first applying for a B-1 visa. For more on this, see Who Can Visit the U.S. on the Visa Waiver Program (VWP).
The following article will detail who is eligible to obtain a business visitor visa and which business activities you are allowed to conduct while in the United States.
In order to be eligible for a B-1 visa, you will need to show U.S. immigration authorities that you:
You will need to present several documents when you apply for the B-1 visa at the U.S. embassy or consulate abroad (and to the official at the U.S. border) to prove that you have “nonimmigrant intent”—that is, that you plan to make only a brief and temporary visit to the U.S. and that you are able and willing to return to your home country afterward. This can include evidence of sufficient funds to pay for your expenses during your time in the U.S., a lease or deed for your foreign residence, a letter confirming your job at a foreign company, and documents showing that your business trip is a short-term one.
The most important thing to remember is that you can’t work for a U.S. company or be paid for your activities as a “business visitor” from a U.S. source. So if you are visiting a U.S. subsidiary or parent company, you should make sure that your salary continues to be paid by your foreign employer—even during your visit. Any payment from a U.S. source may be considered unauthorized employment and may jeopardize your attempts to travel or immigrate to the U.S. in the future.
Some examples of legitimate and temporary business activities that people have conducted on a B-1 visa are:
Some notable activities that are NOT allowed while visiting the U.S. in B-1 status are:
Job interviews and contacting prospective U.S. employers are not specifically forbidden while visiting the U.S. using a B-1 visa.
However, if you state to the consular official that your purpose in visiting the U.S. is to interview for employment, he or she may infer that you intend to move to the U.S. permanently and deny your visa. While you should always be truthful in your applications and statements to U.S. government officials, you may want to state that your business purpose is to confer with associates unless asked specifically whether you are planning to interview.
If you do reveal that you are interested in eventually working in the U.S., make sure to have plenty of evidence to prove that you would return to your home country and apply for the appropriate employment-based visa or green card before starting a position with a U.S. employer.
For more about this, see Will Finding a Job in the U.S. Get You a Green Card?
While you can’t apply for an additional B-1 visa (also known as “derivative status”) for your spouse, significant other, or other family members, they may be able to accompany you on a B-2 tourist visa for pleasure. The application process is the same as applying for the B-1 visa and your family member must also qualify for the visa.
You can learn more at A B-2 Visa for Visiting the U.S. as a Tourist: Do You Qualify? and at How Same-Sex Partners Can Accompany Temporary (Nonimmigrant) Visa Holders to the U.S. This is a good option to avoid separation during longer visits.
Domestic and personal servants such as nannies, maids, and valets can apply for a B-1 visa to accompany U.S. citizens, permanent residents, and several categories of visa holders to the United States.
However, once in the U.S., you will also need to apply for a work permit using USCIS Form I-765, Application for Employment Authorization and you will need to have a valid contract between you and your employer. In addition, you must demonstrate that:
If you think the B-1 visa is the one for you, the next step is to visit the U.S. embassy or consulate nearest you to apply for one. To learn more about the application process for a B-1 visa, visit Application Process for a B-1 or B-2 Visitor Visa.
]]>In order to qualify to enter the U.S. on a visa waiver, you'll need to meet all of these:
If all the above things are true of you, you may skip applying for a visa, and enter the United States under the Visa Waiver Program (VWP). (Created by Section 217 of the Immigration and Nationality Act.)
You will want to weigh the advantages and disadvantages first, however. Even people from Visa Waiver countries sometimes choose to apply for a tourist (B-2) visa first, as it offers the possibility of a longer stay and other protections.
If you enter the United States on a visa waiver, your maximum stay will be 90 days. With a B-2 tourist visa, by contrast, you would normally be allowed to stay for up to six months. What’s more, with a B-2 visa, you can apply to extend your stay even longer. (See How to Extend Your Stay or Change Your Status While on a B Visa.)
People who obtain an actual B-2 tourist visa before they enter the United States will enjoy rights to:
You don’t receive these basic rights if you enter the U.S. using the Visa Waiver Program. The program is based on a simple concept: You can easily enter for a 90-day stay, but when those 90 days are over, the U.S. government will have an easy time insisting that you leave.
There are limited exceptions to this 90-day stay rule. If, for example a medical or other emergency arises, or if you fear persecution in your home country, you can request a longer stay from USCIS, or apply for asylum.
Also, if you become the immediate relative of a U.S. citizen (most likely by marriage, or because you are the minor unmarried child or parent of a U.S. citizen) you will probably be able to apply for a green card (adjustment of status) while in the U.S. on the VWP—on one condition. Applying for the green card cannot have been your original intent when you entered the U.S. under the VWP, or your false statements upon entry could disqualify you from receiving U.S. lawful permanent residence (a green card). Also see the caution on changing USCIS policy in this area in When Adjustment of Status Is Possible for the Immigrant Spouse of a U.S. Citizen.
Although you can avoid making a stop at a U.S. consulate to get a visa, coming to the U.S. under the VWP does require advance preparation. You will need to:
In the past, passengers arriving at land borders had to fill out a form (supplied by the bus, ship, or other travel carrier) called an I-94W. This was mostly for the purpose of determining whether you are inadmissible to the United States. (To understand the concept of inadmissibility, see Inadmissibility: When the U.S. Can Keep You Out.) However, use of this form is being phased out in mid-2022.
You'll also need to comply with U.S. health requirements applicable to nearly all non-citizens, such as COVID-19 vaccination requirements.
When you arrive in the U.S., the Customs and Border Patrol (CBP) officer will take a look at your I-94W Form and other documents. The officer will see whether your name shows up in an electronic database indicating that you have overstayed any past visas or have a history of criminal, espionage, or terrorist activity.
CBP officers have the power to deny any person entry to the United States if they are not satisfied that he or she fits the criteria for entry and is admissible. They can insist that you return home immediately, without a court hearing or other second opinion. (Learn more about what to expect at the U.S. entry point or border.)
People who enter on tourist visas run this same risk upon entry. At least they, however, have given their application for entry a “trial run” past a U.S. consular official, who would probably have spotted the same issue and denied the B-2 visa right then, thus saving them a long trip to the United States.
There is one good thing about being denied U.S. entry as a Visa Waiver entrant: You can still come back to the U.S. at any time, and again request U.S. entry. That’s different than many people who arrive with visas, who have to wait five years if refused U.S. entry. However, you would still have to leave the United States before returning.
]]>Additionally, airlines send passenger manifest information to U.S. Customs and Border Protection (CBP) in advance of boarding. That way, CBP can alert the airline if particular passengers should be turned away and not permitted to board.
Depending on the reason you were denied boarding, you might need to get a new visa or contact CBP before attempting to board a U.S.-bound plane again.
Here are some reasons why the airline might deny boarding to someone with a valid U.S. visa and suggestions to prevent such problems in the future.
Although your visa might still appear valid on its face, what’s listed in the U.S. government system could be another matter entirely. The Department of State can revoke a visa electronically if it receives information indicating that the person is no longer eligible for it.
But, CBP will see that your visa was revoked, and communicate this to the airline before you board, during the pre-clearance process. Typically when a visa is revoked, the Department of State will attempt to notify the visa holder. But if your visa was very recently revoked or you have moved since it was issued, you might not have received the notification.
If the airline tells you that your visa was revoked, you will need to obtain a new visa before attempting to board another plane for the United States.
If, during a prior trip to the U.S., you stayed longer than you were permitted to or had other encounters with immigration or law enforcement, CBP might notify the airline that there is a possibility you will not be admitted.
This means that CBP would need to actually talk to you to make the determination. But the airline is all too aware of its responsibilities if you are, in fact, denied entry. It is within the airline’s discretion whether to allow you to board.
Airline officials will not be able to give you much information in this circumstance. The last section of this article provides suggestions to address this problem.
You might have heard of the "No-Fly" list. CBP is constantly receiving information about people who are not eligible for visas for a variety of reasons, including security-related concerns. If you share the same biographical information with one of these individuals, CBP or Department of State will need to determine that you are not the same person.
Sometimes, this can be resolved in a short enough amount of time that you will be allowed to simply take a later flight. Other times, CBP will tell the airline to instruct you to obtain a new visa.
If you routinely experience travel delays related to your name, CBP has a system to address this, which is discussed later in this article.
Even if the airline receives your pre-clearance from CBP, it might refuse to board you if it has other information indicating you might be denied entry by CBP.
This could happen if, for example, it sees that your passport is not valid for the amount of time required for nationals of your country entering the United States (typically six months but less for some countries). Or perhaps the airline suspects you are using an impostor passport and visa, in which case it would need to get separate approval from the U.S. consulate or embassy that issued your visa.
If you are traveling on a tourist visa, the airline might stop you from boarding based on its suspicion that CBP will deny you entry because you don’t intend to return to your home country or you intend to work in the United States. This is not common, but it does happen. If you do not have a return ticket, airline agents might ask you additional questions to try and better ascertain whether you might be denied entry.
Pregnant women also report being denied boarding for reasons related to immigration. This is also not common, but could happen if CBP thinks the pregnant woman will give birth in the U.S. and cannot pay the medical expenses. It becomes more likely in the late stages of pregnancy (also for health-related reasons). For more information see Can I Travel to the U.S. While Pregnant?
If the airline denies you boarding for any of the above reasons, you probably don’t need to obtain a new visa. If you want to book another trip to the U.S., check with an airline first to see what its policies are before buying a ticket. Keep in mind that even if you successfully board another flight, CBP still might deny you entry for the same issues the airline noticed.
Being denied entry to the U.S. can have a lasting impact on your ability to travel there in the future.
You might feel helpless and confused after being denied boarding for your U.S. trip, but there are steps you can take to reduce the chances it will happen again.
The most important thing to do after a visa denial is to understand the reasons for it. Applicants are usually given a denial letter at the end of the visa interview, which contains information that can help in determining what went wrong.
Don't be surprised if the letter says that your visa was refused under Immigration and Nationality Act (I.N.A.) Section 214(b) (8 U.S.C. Section 1184 (b)). It's a common reason for refusal, meaning that the consular officer was not convinced that you would return to your home country after your visit to the United States. Fortunately, this is not a permanent refusal; you might qualify for a visa in the future, if you can show stronger financial and social ties to your home country (as detailed later in this article).
There might, however, be a more serious reason for your visa denial. Check on whether the consular letter you received lists any other section of the law as the reason for denial. Common bases for visa ineligibility include prior deportations, undocumented presence in the U.S., and criminal convictions, but there are many others.
See Why Was My U.S. Visitor Visa Renewal Denied? for more detailed information.
Some types of visa ineligibility last for a certain number of years, while others are permanent. You'll want to look carefully at the section of the law under which you were denied, or hire an attorney to analyze this for you.
Waivers of ineligibility might be available in some situations, but only if the consular officer recommends the waiver and you have demonstrated strong enough ties to your home country to qualify for the visa. Waivers are not usually approved for recent or serious offenses.
If you are still confused about why your visa was denied or for how long you're ineligible, or are not clear on whether your visa was in fact denied, you might be able to get clarification by contacting the U.S. embassy or consulate.
Many U.S. consular sections have a public inquiry email address. This can usually be found on the official U.S. embassy or consulate website. If not, call the public phone number for the consular section and request the public inquiry email address.
If you were invited to the U.S. by a U.S. company, the company can also make an email inquiry, at businessvisa@state.gov.
If you think your visa renewal was unjustly denied, it could be helpful to contact an immigration attorney, especially if you need to travel to the U.S. frequently for business. Because of the complexity of U.S. immigration law, an attorney in the U.S. might be your best bet, as opposed to one in your home country.
A U.S.-based attorney might get a faster and more thorough response from the embassy as to why your visa was denied than you could on your own. Attorneys representing visa applicants have access to channels of inquiry with the State Department reserved solely for them. At a minimum, an attorney might be able to give you more accurate information as to why your visa was denied and advise you whether it’s worth applying again, and when you should do so.
Many U.S. embassies and consulates advise applicants to wait at least a year before reapplying for a visa, though it is not mandatory. This is because it's unlikely that your situation will change enough in less than a year to alter the outcome of a visa decision.
U.S. consular officers mainly rely on the application and interview when deciding whether to approve a visa. Still, well-organized supporting documents might help demonstrate your financial stability at your next interview.
Think about how you might show your financial stability if you were to apply for a mortgage; it’s very similar. Establish and use your bank account, both checking and savings. Be aware that a large one-time deposit does not show long-term financial stability.
If you are paid for your work in cash, start depositing that money regularly into your account, as proof of income. This is especially important if you're self-employed. If you are employed by someone else, make sure the employment letter you take to your next visa interview accurately reflects all your earnings, including overtime.
Just don’t overdo it: Most U.S. consular sections advise against bringing too many documents to your interview. Check the website for the U.S. consular section where you will be applying for details. Also check your appointment letter for any added, country-specific requirements.
Most importantly, never present fraudulent or altered documents to support your visa application. This could result in permanent visa ineligibility. If you don’t have a particular document, it is better to present nothing.
If you're frustrated at a lack of financial documents, you might also want to think honestly about your situation. Will a trip to the U.S. actually cause you financial hardship? Are other family members financing your trip? If so, consider waiting until your situation improves before you apply for another visa.
Unfortunately, U.S. consular officers have met many applicants with decent incomes and extensive family ties outside the U.S. who nevertheless overstayed their permitted time in the United States.
When you reapply for a B-2 or B-2 visitor visa, the consular officer will probably look at the notes taken at your last visa interview. The officer might ask you only to discuss what has changed in your situation since then.
Be prepared to explain, for example, that you’ve since graduated university, gotten a promotion, or developed a different purpose for your intended travel.
If you happen to be interviewed by the same officer who refused your visa before, and you don’t think the officer was thorough or adequately explained your denial, you might ask for a different officer (at the beginning of your interview.) This request might not be granted, but if you truly think the officer did not give you a fair shake, it won’t hurt to politely ask.
]]>First, let's make sure you're looking at the right document regarding when you're supposed to leave the United States: Your visa is what you used to enter the U.S., and was stamped into your passport. The date it expires is NOT the date you must leave the U.S., but rather is the last date upon which you could use it to enter. (In fact, it might allow you multiple U.S. entries.)
To find the date by which you must actually leave the U.S., look to your I-94, which is either a small card placed into your passport by the Customs and Border Protection (CBP) official who met you at the U.S. airport, border, or other entry point; or, more likely, available online at the CBP website.
Now, assuming that your return flight is indeed one day after the expiration date on your I-94, let's consider the consequences. Most of these are indirect. Immigration authorities are highly unlikely to track you down over a one-day overstay. But the law can make your next visit to the U.S. more difficult.
Even an overstay of one day will result in your visa being automatically cancelled. So if you had a multiple entry B-2 visa, you are out of luck; it will no longer be valid for U.S. entry. (See Section 222(g) of the Immigration and Nationality Act (I.N.A.)
In the past, many foreign nationals who overstayed a U.S. visa took quick trips to U.S. consulates in Mexico or Canada, where they applied for another period of U.S. stay or a new visa.
Now, however, the law contains something called the consular shopping bar. It says that, after a visa overstay, only people who can show extraordinary circumstances can use a third country for a new visa application. The rest must go back to a U.S. embassy or consulate in their home country to apply for their next U.S. visa.
If your permitted stay in the United States hasn't yet run out, you are likely eligible to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of your stay. You'll do so by submitting USCIS Form I-539 and the required fee to USCIS before your I-94 expiration date.
Some, but not all applicants can submit this form to USCIS online. If you're among those who must submit by mail, be careful that it ARRIVES at the USCIS office before your lawful status expires.
Your stay in the United States becomes lawful as soon as that application is in. (But if USCIS denies the extension, you'll have to leave the U.S. right away.)
If you've already left the U.S. by the time you read this, and didn't apply for an extension, your one-day overstay does not bar you from future visits to the United States. (You would have had to overstay by at least 180 days to become inadmissible.)
But the overstay could make it harder to convince a consular official to give you a visa in the future. Whether to approve you for a visa is, after all, fully within their power and discretion.
Along with the other required materials to apply for a B-2 visa, you'll want to bring proof of the complications that led to your overstay to your consular interview, and be ready to explain that you had intended to leave on time but were prevented by circumstances beyond your control.
Whatever you do, don't attempt to conceal the past overstay. If the U.S. government finds that you misrepresented the facts, it will deem you inadmissible on that basis.
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