Visitors
- Business and Pleasure
Generally, a citizen of a foreign
country who wishes to enter the United States must first obtain a visa, either a
nonimmigrant visa for temporary stay, or an immigrant visa for permanent
residence. The "visitor" visa is a nonimmigrant visa for persons
desiring to enter the United States temporarily for business (B-1) or for
pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for
a different purpose such as students, temporary workers, crewmen, journalists,
etc., must apply for a different visa in the appropriate category. The consular
officer can provide additional information. Travelers from certain eligible
countries may also be able to visit the U.S. without a visa on the Visa Waiver
Pilot Program. (See later in this document for further details.)
QUALIFYING FOR A VISA
Applicants for visitor visas must
show that they qualify under provisions of the Immigration and Nationality Act.
The presumption in the law is that every visitor visa applicant is an intending
immigrant. Therefore, applicants for visitor visas must overcome this
presumption by demonstrating that:
-- The purpose of their trip is to
enter the U.S. for business, pleasure, or medical treatment;
-- That they plan to remain for a
specific, limited period; and
-- That they have a residence
outside the U.S. as well as other binding ties which will insure their return
abroad at the end of the visit.
VISA INELIGIBILITY/ WAIVER
The nonimmigrant visa application Form OF-156 lists classes of persons who are ineligible
under U.S. law to receive visas. In some instances an applicant who is
ineligible, but who is otherwise properly classifiable as a visitor, may apply
for a waiver of ineligibility and be issued a visa if the waiver is approved.
APPLYING FOR A VISITOR VISA
Applicants for visitor visas
should generally apply at the American Embassy or Consulate with jurisdiction
over their place of permanent residence. Although visa applicants may apply at
any U.S. consular office abroad, it may be more difficult to qualify for the
visa outside the country of permanent residence.
Required Documentation
Each applicant for a visitor visa
must pay a nonrefundable US$45 application fee and submit:
1) An application Form OF-156, completed and signed. Blank forms are
available without charge at all U.S. consular offices;
2) A passport valid for travel to
the United States and with a validity date at least six months beyond the
applicant's intended period of stay in the United States. If more than one
person is included in the passport, each person desiring a visa must make an
application;
3) Two photographs 1 and 1/2
inches square (37x37 mm) for each applicant, showing full face, without head
covering, against a light background.
Optional Documentation
Applicants must demonstrate that
they are properly classifiable as visitors under U.S. law. Evidence which shows
the purpose of the trip, intent to depart the United States, and arrangements
made to cover the costs of the trip may be provided. It is impossible to specify
the exact form the evidence should take since applicants' circumstances vary
greatly.
Persons traveling to the U.S. on
business can present a letter from the U.S. business firm indicating the purpose
of the trip, the bearer's intended length of stay and the firm's intent to
defray travel costs.
Persons traveling to the U.S. for
pleasure may use letters from relatives or friends in the U.S. whom the
applicant plans to visit or confirmation of participation in a planned tour.
Persons traveling to the U.S. for
medical treatment should have a statement from a doctor or institution
concerning proposed medical treatment.
Those applicants who do not have
sufficient funds to support themselves while in the U.S. must present convincing
evidence that an interested person will provide support. Visitors are not
permitted to accept employment during their stay in the U.S. Depending on
individual circumstances, applicants may provide other evidence substantiating
the trip's purpose and specifying the nature of binding obligations, such as
family ties or employment, which would compel their return abroad.
ADDITIONAL INFORMATION
A person whose passport contains a
previously issued visitor visa should inquire about special expedited procedures
available at most consular offices for issuance of a new visitor visa.
Unless previously canceled, a visa
is valid until its expiration date. Therefore, if the traveler has a valid U.S.
visitor visa in an expired passport, he or she may use it along with a new valid
passport for travel and admission to the United States.
If there is a fee for issuance of
the visa, it is equal as nearly as possible to the fee charged to United States
citizens by the applicant's country of nationality.
Applicants for visitor visas
should not find it necessary to employ persons to assist them in preparing
documents or securing access to the U.S. consular office.
Attempting to obtain a visa by the
willful misrepresentation of a material fact, or fraud, may result in the
permanent refusal of a visa or denial of entry into the United States.
If the consular officer should
find it necessary to deny the issuance of a visitor visa, the applicant may
apply again if there is new evidence to overcome the basis for the refusal. In
the absence of new evidence, consular officers are not obliged to re-examine
such cases.
U.S. PORT OF ENTRY
Applicants should be aware that a
visa does not guarantee entry into the United States. The U.S. Immigration and
Naturalization Service (INS) has authority to deny admission. Also, the period
for which the bearer of a visitor visa is authorized to remain in the United
States is determined by the INS, not the consular officer. At the port of entry,
an INS official must authorize the traveler's admission to the U.S. At that time
the INS Form I-94, Record of Arrival-Departure, which
notes the length of stay permitted, is validated. Those visitors who wish to
stay beyond the time indicated on their Form I-94 must
contact the INS to request Form I-539, Application to
Extend Status. The decision to grant or deny a request for extension of stay is
made solely by the INS.
VISA WAIVER PILOT PROGRAM
Travelers coming to the U.S. for
tourism or business for 90 days or less from qualified countries may be eligible
to visit the U.S. without a visa. Currently, 29 countries participate in the
Visa Waiver Pilot Program: Andorra, Argentina, Australia, Austria, Belgium,
Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway,
Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the
United Kingdom and Uruguay. Visitors entering on the Visa Waiver Pilot Program
cannot work or study while in the U.S. and cannot stay longer than 90 days or
change their status to another category.
FURTHER INQUIRIES
Questions on visa application
procedures and ineligibilities should be made to the American consular office
abroad by the applicant.
UNITED STATES DEPARTMENT OF
STATE
Bureau of Consular Affairs
Visa Services
February 1998
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