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. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program.
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;
– They plan to remain for a specific, limited period; and
– 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.
Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce.
Passing through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Citizenship and Immigration Services (USCIS) 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 USCIS, not the Department of State Consular Officer.
At the port of entry, an BCIS official must authorize the traveler’s admission to the U.S. At that time the USCIS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request an Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.