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Phone: (949) 540-6704 Toll-Free: (800) 242-2151

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Orange County Visitors Visas Lawyers

Visa Application

A B-1 visitor for business visa allows a foreign national to come to the United States to engage in business activities or to research on business and investment opportunities for a specific duration. A B-2 visitor for pleasure allows a foreign national to come to the U.S. to visit friends and families or for personal pleasures such as vacationing, touring, or site-seeing. Typically, visitor visas are granted for a period of three to six months (90-180 days), which is the maximum length of time allowed per year. In many circumstances, a foreign national can obtain an extension while he/she is in the United States, so long as the applicant can demonstrate that he/she does not have the intent to permanently remain in the U.S. and there is a legitimate reason for such extension. Although it is not required under the Foreign Affair Manual (FAM), it is advisable that visitor visas should be applied for in the applicant’s home country. The reason for such denials often because an applicant, either inside the home country or in a third country, lacks documentation to show social, family, and economic ties to their country of residence.

What are The Requirements For A Visitor Visa?

A foreign national applying for a visitor visa must be able to demonstrate that he/she does not have the intent to remain in the United States at the end of the authorized period. The U.S. Consulate Office, which falls under the U.S. Department of State, presumes that all foreign nationals who apply for a non-immigrant visa have intent to immigrate to the United States. That is, there is a rebuttable presumption that all foreign nationals wish to come to the U.S. and remain here permanently. Thus, a visitor visa applicant must overcome the presumption and show that he/she has the intent to leave the U.S. upon the end of his or her authorized stay.

How Does An Applicant Show That He Or She Has No Immigrant Intent?

As stated earlier, to show that an applicant does not have immigrant intent, they must demonstrate that they have ties in the country of residence, either economically, socially, or through families. Economically, the applicant should demonstrate that he or she has a stable job and/or a business that is currently in existence. They may also use other documents to show that they have income and wealth ties to the country of residence, such as bank statements, titles of properties, ownership interest in a business or real estate. Socially, the applicant can demonstrate that he/she is an active member of a religious organization, a social club, or a political organization. Note that a communist party member, or a member of an organization that is considered a terrorist group by the Department of State, may have difficulties obtaining a visa to come to the U.S., especially for an immigrant visa. Finally, an applicant may demonstrate that he/she has family ties in the home country, such as their spouse, children, aging parents, and extended family members and support. All these methods of evidence working in combination are crucial in the success of obtaining a visitor visa to the U.S.

What Is The Application Process?

To apply for a visitor visa, the applicant must file a Department of State Form 156 application in the country of residence. Depending on the alien’s gender and country of origin, the applicant may also have to file security verification forms and background checks. Some applicants may also have to obtain security clearance in their home country as requested by the Consular Officers. In addition, the application should be accompanied by a detailed cover letter by the applicant’s attorney, explaining why he or she is qualified for a visitor visa. An attorney cover letter will break down each requirement, evidence supporting each requirement, and the reason for such application. The application would also have a copy of form G-28, indicating that a Garg and Associates immigration attorney represents the applicant in filing the application. The form also advises the Consular Officer to contact the attorney should they have any questions or concerns. Furthermore, because immigration is U.S. federal law, an attorney from Garg and Associates, PC can represent clients from any country and the applicant need not ever see the attorney in person.

For more information about a B-1 Visitor Visa for Business or a B-2 Visitor Visa for Pleasure, or any other Immigration issue, please contact the Immigration Attorneys as Garg and Associates today for a consultation!

If you or someone you know is need of immigration law services, please do not hesitate to call Garg & Associates at 281-362-2865 for a consultation today or use our Contact Form.