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US Immigration (cont.)
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Visitors to the
U.S. – Immigration requirements:
B-2 Tourist Visa
A B-2 Tourist Visa is issued to those who have
residence or citizenship in another country other than the U.S.
and who are entering the U.S. solely for the purpose of leisure.
Under this visa the visitor is not allowed to enter into any kind
of employment – whether paid or unpaid – and is not
allowed to undertake study (there are exceptions to this rule
if the visitor is engaged in very short-term or incidental study
during their visit). The visitor to the U.S. must be able to demonstrate,
if required, that they have access to sufficient funds to cover
their time in the U.S., and that their stay will be temporary
(normally this is verified by having a return ticket booked and
paid for out of the U.S.). |
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Immigrating to the USA
By
Dan Danilov
A practical, easy-to-understand book, written by an experienced immigration lawyer, gives you the information you need to ensure an easy and hassle-free entry into the country. Highly recommended
reading.
Click here for more information
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In most cases you will apply
for a B-2 Tourist Visa from your nearest U.S. Consul or Embassy.
Citizens of some countries are exempt from the need to apply for
a B-2 Visa, so check with your travel agent or local U.S. Consul
for the latest information.
While the B-2 Visa is normally issued for a period of 6 months,
this may vary depending on the issuing office. Additionally, when
you enter the U.S. and apply for entry at the immigration desk,
the immigration agent there may restrict your time in the country.
Under normal circumstances however, you will be granted up to 6
months. Make sure that your permit allows multiple re-entries if
this is something that you require. Family members (the visitor's
spouse and any unmarried, dependant children) are normally also
issued B-2 Visas under the same conditions as the principal applicant.
If, during your stay in the U.S., you wish to extend the period
of your visa and your stay you can apply to the U.S. immigration
service (using form I-539) for an extension.
US B-1 Business Visa
B-1 Business Visa’s are similar in scope to the Tourist Visa,
B-2 in that they allow for temporary entry to the U.S. for a specific
purpose and for a specific period of time. The B-1 is normally issued
to persons wishing to enter the U.S. to carry out matters of business
– such as attending conferences, negotiate business deals,
meet business contacts, purchase goods or simply for exploratory
business excursions to determine feasibility of business opportunities.
The scope of the Visa means that while the applicant may deal with
business matters while in the U.S. they are not allowed to actively
run or manage a business within the U.S. The B-1 Visa is a non-immigrant
visa, thus the applicant must return to his/her homeland before
the visa expires.
Your local U.S. Embassy or Consul issues the B-1 visa. The length
of time the visa is valid for and how many times you may enter the
U.S. under that visa are decided by the Embassy or Consul. You will
be granted a B-1 visa if you can adequately demonstrate that your
intentions to visit the U.S. are for the purposes of business, and
that you have adequate ties in your home country that make it a
reasonable assumption that you will return there. Ensure that your
visa allows enough time to complete all your business transactions
when applying. Like the tourist visa, the B-1 visa can be valid
for anything from a few weeks to 6 months. Again, if the applicant
needs more time beyond the date their visa expires, they may apply
to the U.S. immigration service for an extension (using form I-539).
Your local Consul may issue you a joint B-1/B-2 (business/tourist)
visa. When entering the U.S. you need to advise the immigration
officer who processes your passport of your reasons for being in
the U.S. That agent will then decide whether you will be issued
a B-1 or a B-2 visa.
Exceptions for US Visa requirements:
Citizens from certain countries are exempt from needing a visa to
enter the U.S. for short periods of time, under the Visa Waiver
Program. Generally, those who qualify are entitled to enter the
U.S. for up to a period of 90 days without a visa. The visitor is
still able to be refused entry into the U.S. if the port immigration
officer determines that the applicant is not suitable for entry
into the U.S. The applicant has no right of appeal over such a decision.
To qualify for entry to the U.S. under the VWP, the visitor must
have a valid passport from one of the countries on the VWP list,
hold a return ticket for travel out of the U.S., and must have arrived
in the U.S. on a carrier that has entered an agreement accepting
certain rules governing U.S. immigration law. Visitors entering
the U.S. under the VWP are not permitted to extend their stay beyond
the 90-day maximum, and are not permitted to change the status of
their visa from within the U.S. Given the recent tightening of U.S.
immigration policy and the ability of a port immigration officer
to refuse entry to the U.S without any right of appeal, you should
carefully consider obtaining a B-1 or a B-2 visa if you feel those
terms are not acceptable.
K-1 Fiancée Visa
The K-1 visa, or Fiancée Visa, is a popular way for U.S.
citizens to bring their partners to the U.S., but with the increase
in Internet dating there has also been a tightening of the regulations
concerning this visa. In most circumstances, a wedding ceremony
must be completed within 90 days of the partner’s entry to
the U.S. After that, the partner can then apply for U.S. residency.
Given the obvious abuse that this visa can attract, there are strict
rules and guidelines that must be adhered to in order to enter the
U.S. under this category of visa. The U.S. citizen must petition
the U.S. immigration service in the first instance to allow the
applicant to apply for the K-1 visa. In most cases the U.S. citizen
must have met the visa applicant within two years of petitioning
the immigration service. Once the petition is approved by the immigration
service, they then forward the petition to the nearest U.S. Consul
or Embassy to where the applicant lives – this is where the
applicant will apply for his/her K-1 visa. The applicant will be
invited to attend an interview to determine their suitability for
entry to the U.S. and to verify the bone-fides of the relationship.
It will help to have documentary evidence of your relationship such
as photo’s, letters, airline receipts, and references from
friends to back up your relationship claim. |
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