Tag Archives: visitor visa

U.S. Consulate Rescinds INA 212(a)(6)(C)(i) Charge and Grants B1/B2 Visa: A True Success Story

Posted on January 24, 2020 | Comments Off on U.S. Consulate Rescinds INA 212(a)(6)(C)(i) Charge and Grants B1/B2 Visa: A True Success Story

Within 3 months of receiving our Motion to Reconsider and Rescind Inadmissibility Finding Under INA 212(a)(6)(C)(i) with Request for B1/B2 Visitor Visa, the U.S. Consulate granted the visa to our client without requiring a 212(d)(3) waiver of inadmissibility. After he had been denied the visitor visa on three separate occasions over a 12-year period, the applicant sought our counsel to overcome the 212(a)(6)(C)(i) bar and get the visa.

Problem: INA 212(a)(6)(C)(i) Charge and INA 214(b) Issue

The applicant’s visa problems began after he was denied re-entry by U.S. Customs as a visitor. At the time, he had been attending high school in the United States on a B1/B2 visitor visa. Unique circumstances led him to believe he did not need a student visa as long as he did not overstay his authorized visits.

In his last request for entry, he was specifically asked about the purpose of his visit. He admitted he had been attending high school in the United States and was seeking to complete his studies. The U.S. Customs informed him he needed a student visa and could not attend school during a B1/B2 visit. Although he was allowed to withdraw his application for admission, his visa was cancelled.

Three years later, the applicant sought a visitor visa for temporary recreational stays in the United States. The U.S. Embassy denied his first two requests under INA 214(b), i.e. failure to overcome the presumption of immigrant intent to be eligible for a visitor visa.

Ten years later, the applicant sought the visitor visa again. After placing the case in administrative processing, the U.S. Embassy issued a visa refusal notice under INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to obtain a U.S. immigration benefit).

The factual basis for the section 212(a)(6)(C)(i) charge was not specified. But it was reasonable to assume it stemmed from his attending high school in the U.S. while in B1/B2 visitor status.

When a person engages in conduct that is inconsistent with the terms and conditions of his visa (especially within 90 days of his admission), the U.S. consular officer may presume he willfully misrepresented the true purpose of the visit. The applicant then has to rebut the presumption of misrepresentation.

In this case, the applicant violated the terms of his visitor visa by attending school. But, at the time, he was a minor (under age 18) and relied heavily on his parents to make decisions on his behalf.

The family had been in the United States on another type of visa that allowed school attendance and a longer stay. Based on discussions with the school district, the parents mistakenly assumed their son could continue his studies on a visitor visa, as long as he departed the United States every six months, before the expiration date of each authorized visit.

Solution: Motion to Reconsider Inadmissibility Charge and Proof of Strong Ties to Residence Abroad

To deal with the INA 212(a)(6)(C)(i) finding, the applicant contacted me for a Skype consultation. I confirmed his ultimate objective was to receive a B1/B2 visa for business trips and recreational visits, including spending time with his U.S. citizen brother.

Prior to entering a representation agreement, we discussed whether to (a) request the U.S. Embassy vacate the INA 212(a)(6)(C)(i) finding or (b) apply for a 212(d)(3) waiver of inadmissibility. Given his young age at the time he attended school on the B1/B2 visa and the Record of Sworn Statement reflecting he declared this fact to U.S. Customs in his last request for entry, both options were viable. Ultimately, he chose option (a).

I advised the client on the information and documents to present to show he did not commit fraud or willfully misrepresent the purpose of his visit each time he was admitted to the United States on the B1/B2 visa, and then attended school. Furthermore, I counseled him on how to demonstrate strong ties to his residence abroad to overcome the presumption of immigrant intent under INA 214(b), which is necessary to qualify for the visitor visa itself.

In addition, I wrote a legal memorandum explaining the factual grounds and legal basis for the Motion to Reconsider and Rescind Inadmissibility Finding Under INA 212(a)(6)(C)(i) with Request for B1/B2 Visitor Visa. I also prepared the client for what to expect at the visa interview and how to best present his case.

At the B1/B2 visa interview, the U.S. Consulate accepted the legal memorandum and the written testimonies of the applicant and his U.S. citizen brother in support of the Motion to Reconsider. The U.S. consular officer noted the case was complicated and had to be placed in administrative processing.

Outcome: Removal of Section 212(a)(6)(C)(i) Charge and B1/B2 Visitor Visa Grant

Three months later, the U.S. Consulate issued the B1/B2 visitor visa and made it valid for 10 years. The section 212(a)(6)(C)(i) bar was lifted, so there was no need for a 212(d)(3) waiver. A “clearance received” annotation was placed on the visa to further indicate his case was resolved.

After three prior failed attempts in which he did not have counsel, the applicant finally received the B1/B2 visa with our representation.

This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Birth Tourism, Frequent/Extended Trips, Immigration Status Change: 3 Things That Often Prevent Entry to the U.S. (even though they are not strictly prohibited)

Posted on July 7, 2017 | Comments Off on Birth Tourism, Frequent/Extended Trips, Immigration Status Change: 3 Things That Often Prevent Entry to the U.S. (even though they are not strictly prohibited)

If you had a baby in the United States, made frequent/extended trips to the country, or applied for a change in immigration status during a prior stay as a visitor, you may be stopped from entering the U.S., even though these activities are not strictly prohibited.

This problem arises especially when the U.S. Consulate or U.S. Customs & Border Protection determines you misrepresented the purpose of your visit when you applied for the B-1/B-2 visitor visa and used it or the Visa Waiver Program (VWP) to enter the United States.

Section 214(b) of the Immigration & Nationality Act presumes that most nonimmigrant visa applicants intend to immigrate permanently to the United States. Only certain categories, such as the H-1B  (professional worker) and L-1A/L-1B (intracompany transferee), allow dual intent (i.e. intent to immigrate in the future while maintaining temporary status in the present). Otherwise, nonimmigrant visa applicants must show they have no intent to immigrate and simply seek a temporary stay in the U.S.

When you engage in any of the following 3 activities, you could have problems getting a new visa or gaining re-entry to the U.S. for a temporary stay, although each one, by itself, does not violate U.S. immigration law or make you inadmissible to the United States:

1. Traveling to the United States to have a baby (“Birth Tourism”)

Traveling to the United States on a visitor visa for the purpose of giving birth to a child is commonly known as Birth Tourism.  Under the 14th Amendment of the U.S. Constitution, birth in the United States gives the child automatic citizenship with all its rights and privileges.

Furthermore, birth citizenship provides the  foreign national parent with potential immigration relief. For example, upon turning age 21, a U.S. citizen son or daughter may file an immigrant petition for a parent in the immediate relatives category, which has no numerical limits on immigrant visas available.  A parent who overstays in the United States and is placed in removal proceedings may qualify for Cancellation of Removal and Adjustment of Status (to permanent residence) if she has been continuously present in the United States for at least 10 years, has not been convicted of certain offenses, has good moral character, and her removal would result in exceptional and extremely unusual hardship to her U.S. citizen child.

There is no specific law, regulation or policy prohibiting birth tourism per se or preventing a pregnant woman from entering the United States. Nonetheless, U.S. consular officers and customs officers often view it as a misuse of the visitor visa status and a gaming of the immigration system to give the child automatic citizenship.

[UPDATE: On January 24, 2020, U.S. federal regulations were updated to restrict travel on a B visitor visa primarily to give birth in the United States. The updated U.S. Department of State Foreign Affairs Manual states, “Visiting temporarily for pleasure does not include travel for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States.  Any B nonimmigrant visa applicant who you have reason to believe will give birth during their stay in the United States is presumed to be traveling for the primary purpose of obtaining U.S. citizenship for the child.  The applicant can overcome this presumption if you find that the primary purpose of travel is not obtaining U.S. citizenship for a child.”

Examples are: (1) applicant’s primary purpose for travel is to visit a dying family member, and during the visit the applicant may give birth in the United States because the pregnancy due date overlaps with the family member’s last expected months of life; (2) medically complicated pregnancy and arrangement for specialized medical care in the United States, because such specialized care is not available in or near the country where the applicant resides.]

If the officer sees you are pregnant at the time of applying for a tourist visa or requesting admission as a visitor, he may refuse the visa or deny your entry. This is why birth tourists who hail from various countries such as China, Taiwan, South Korea, Russia, Brazil and Mexico, typically come to the United States when their pregnancy is not so obvious.

Even if you succeed in gaining a visitor visa or entering the United States as a visitor to give birth, you might still encounter problems in the future when you apply for a new visa or admission as a nonimmigrant.

The U.S. Consulate has sole discretion to make a factual determination on whether you have strong ties to your country to overcome the presumption of immigrant intent under INA 214(b).

A consular officer may deny your request for a B-1/B-2 visitor visa or other non-dual intent visa under INA 214(b) by finding you intend to immigrate due to your having a U.S. citizen son or daughter, or based on mere suspicion that you will use a new visa to give birth in the U.S. again. Some consular officers also consider giving birth as inconsistent with the true purpose of a B-1/B-2 visit, which is primarily for business travel and recreation.

A non-resident parent who travels with a U.S. citizen child may face tougher scrutiny at the U.S. port of entry. A customs officer who discovers you had a child during a prior visit in the U.S.  may deny your request for admission on a temporary visa and even issue an expedited removal order under INA 212(a)(7)(lack of proper visa or other travel documents), which carries a five-year bar. To be excused from this five-year bar to being admitted to the United States, you need an approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

In some cases, a consular officer or customs officer may issue a more serious charge under INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to gain a visa or entry to the United States), which is a lifetime bar. When such an inadmissibility finding is made by the U.S. Consulate or CBP, you may appeal directly to the agency to reconsider and rescind the decision on the basis that giving birth in the U.S., by itself, does not make you inadmissible. But as long as the section 212(a)(6)(C)(i) bar holds, you will need a 212(d)(3) nonimmigrant waiver or a Form I-601/212(i) immigrant waiver to be admitted to the United States.

Because a visitor visa may be used for medical treatment, your showing that giving birth in the United States served or serves a health purpose an be a positive factor. An example is if the pregnancy comes with high risks or serious complications. When you are upfront and declare you are coming to the U.S. to give birth, the officer decides, on a case-by-case basis, whether to grant the visa or admission based on proof of strong ties to your country, nonimmigrant intent, sufficient funds to cover all medical costs, and legitimate purpose of travel.

Paying all medical bills or having your own medical insurance to cover the expenses related to childbirth can help prevent a visa refusal or denial of admission. Ultimately, however, the consular officer or customs officer has discretion to determine whether having a baby in the U.S. is consistent with the purpose of a visitor visa, regardless of whether you cover the medical expenses and do not become a public charge by receiving government assistance to pay the medical bills.

2. Making frequent, extended visits to the United States

U.S. immigration law allows visitor visa holders to conduct legitimate B-1/B-2 activities for a temporary period, minimum of six months. Using ESTA (Electronic System for Travel Authorization) if you are an eligible applicant from a Visa Waiver Program-eligible country allows you visit the United States for 90 days or less.

The U.S. consular officers and customs officers expect you to use the visitor visa or ESTA/Visa Waiver program to engage in tourism and recreational activities, visit family and friends, and conduct other temporary visit activities. Remaining in the U.S. for the maximum or close to the maximum time allowed and then quickly returning to the U.S. (e.g. within a month) for another extended stay do not reflect the travel patterns of a real visitor.

Frequent, extended trips to the United States will likely cause the customs officer to suspect you are really living, studying or working in the country without authorization. You may end up with a shorter authorized stay or a warning from the officer. You could also be placed in secondary inspection and questioned extensively so the officer can find legitimate grounds to deny your entry.

You may be asked to withdraw your application for admission or be issued an expedited removal order due to lack of proper travel documents and even due to willful misrepresentation to enter the U.S.  A visa revocation will likely affect your eligibility for a new visa. An inadmissibility finding will stop you from using the ESTA/Visa Waiver program.

There is no minimum time you must stay in your country before returning to the U.S. for another visit. But if you are constantly traveling to the U.S. and staying for long periods, you can expect to run into problems later, even if you were previously lawfully admitted as a visitor without any complications.

3. Applying for a change of status after entering the United States in another status

U.S. immigration law allows nonimmigrants to change from one status to another (such as B-1/B-2 visitor to F-1 student, H-1B professional worker, or H-2B nonagricultural seasonal worker) or file for asylum within the U.S. if they meet the eligibility criteria.

A request for change of status through the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status, or Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship & Immigration Services is often met with several obstacles. One is that USCIS will not approve the status change request unless you are maintaining lawful B-1/B-2 status or other nonimmigrant status.

Questions regarding whether a willful misrepresentation of material fact to gain an immigration benefit might arise when you file for a change of status within the U.S., instead of apply for the appropriate visa at the U.S. Consulate.

B-1/B-2 visitor visa holders, for instance, may be found to have misrepresented the purpose of their stay if they applied to schools or sought employment after arriving in the United States. The mere filing for an extension of status may even cause the U.S. Consulate to question your true intent if you initially informed them the trip would be relatively brief and for a limited purpose before they issued the visitor visa.

Even if you did not attend school or work without authorization in the U.S., your taking steps toward a change in status that permits school attendance or employment in the U.S. could signal to the consular officer that you were not a genuine visitor.

Immigration problems can also occur when you apply for adjustment to permanent resident status instead of file for an immigrant visa at the U.S. Consulate. One of the most common ways for a B-1/B-2 visa holder to adjust to permanent resident (green card) status is to enter into a bona fide marriage to a U.S. citizen and have the citizen file an immigrant petition on his or her behalf. While an overstay, by itself, does not prevent adjustment of status based on marriage to a U.S. citizen, providing false information to a consular officer or customs officer about the purpose of the visit creates immigration problems.

In general, the U.S. Consulate applies a 30/60 day rule in determining whether a misrepresentation was made if you conduct yourself in a manner inconsistent with representations made to the consular officers concerning your intentions at the time of visa application or to customs officers when you requested admission.

If a B-1/B-2 visitor, for example, marries a U.S. citizen and applies for a green card within 30 days of arrival, the consular officer may presume the applicant misrepresented his intentions in seeking a visa or admission to the U.S. There is no presumption of misrepresentation if the request for change of status is made more than 30 days but less than 60 days after arrival. But depending on the facts of the case, the officer may still have a reasonable belief that misrepresentation occurred, in which case the applicant receives an opportunity to present countervailing evidence. While USCIS is not required to follow the Consulate’s 30/60 day policy, it sometimes uses it as guidance. 

[UPDATE: On August 1, 2017, the DOS replaced the 30/60 day rule with the 90-day rule, which establishes a presumption of willful misrepresentation “if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry.” If such actions occur within 90 days of entry, a consular officer “may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.”]

Seeking asylum in the United States, through a credible fear interview process at the U.S port of entry or through the filing of a Form I-589, Application for Asylum and for Withholding of Removal, after being admitted to the U.S., also signals immigrant intent. If asylum is not granted, it will be very difficult (if not impossible) for you to be re-admitted as a visitor or in another status that requires nonimmigrant intent, at least in the near future.

Conclusion

Having a baby in the U.S., making frequent, extended trips to the country, and applying for a change in status following arrival in another status are not prohibited by U.S. immigration law. Still, if you engage in any of these three things, a U.S. consular officer or customs officer may find that you gamed the immigration system or took unfair advantage of immigration loopholes.

Use proper caution and be aware of the immigration risks and consequences associated with these activities. If you are refused a visa, denied admission or issued an expedited removal order for any of these reasons, consult an experienced immigration attorney to discuss possible remedies.

# # #

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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B-1 Visitor Visa: Traveling to the U.S. for Work as a Personal or Domestic Employee

Posted on March 31, 2017 | Comments Off on B-1 Visitor Visa: Traveling to the U.S. for Work as a Personal or Domestic Employee

B-1 visas are issued to personal or domestic employees to accompany or follow to join their employers to the U.S. and provide household services for them. These include cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, au pairs, mothers’ helpers, gardeners, and paid companions. The employer must be a U.S. citizen living abroad, a U.S. citizen on temporary assignment in the U.S., a person in nonimmigrant status, or a lawful permanent resident.

WHEN MAY A PERSONAL OR DOMESTIC EMPLOYEE COME TO THE UNITED STATES TO WORK? 

You may work in the U.S. as a personal or domestic employee if you receive the B-1 visa for this purpose and then apply for and receive work authorization after you arrive in the country.

Personal or domestic employees may receive the B-1 visa to perform their job duties if the following special circumstances exist:

Personal or Domestic Employees of U.S. Citizens Living Abroad or U.S. Citizens on Temporary Assignment in U.S. 

B-1 visas are issued to personal or domestic employees whose employer is a U.S. citizen with a permanent home abroad or is stationed abroad and is visiting or assigned to the U.S. temporarily.

In addition, the conditions below must be met:

  • The employee has a residence abroad which he or she has no intent to abandon;
  • The employee has been employed abroad by the employer as a personal or domestic servant for at least six months prior to the date the employer is admitted to the U.S; or the employer shows that, while abroad, the employer has regularly employed a domestic servant in the same role as that intended for the visa applicant;
  • The employee demonstrates at least one year experience as a personal or domestic servant by providing reference letters from prior employers; and
  • The employee has an original contract or a copy of the contract, to be presented at the U.S. port of entry, which is signed by both the employer and the employee, and contains specific terms, such as payment of minimum or prevailing wages, whichever is greater for an eight hour work-day.

The U.S. citizen employer who is returning to the U.S. for a temporary assignment must be subject to frequent international transfers of two years or more as a job condition and the return to the U.S. should last no more than six years.

Personal or Domestic Employees of Foreign Nationals in Nonimmigrant Status

B-1 visas are issued to personal or domestic employees whose employer is seeking entry into, or is already in, the U.S. in B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant status.

In addition, the conditions below must be met:

  • The employee has a residence abroad which he or she has no intent to abandon (even if the employer is in a nonimmigrant status that does not require a residence abroad);
  • The employee has been employed abroad by the employer as a personal or domestic employee for at least one year prior to the date the employer is admitted to the U.S., or if the employee-employer relationship existed immediately prior to the time of visa application, the employer shows that he or she has regularly employed (either year-round or seasonally) personal or domestic employees over several years preceding the domestic employee’s B-1 visa application;
  • The employee demonstrates at least one year experience as a personal or domestic servant; and
  • The employee has an original contract or a copy of the contract, to be presented at the U.S. port of entry, which is signed by both the employer and the employee, and contains specific terms, such as payment of minimum or prevailing wages, whichever is greater for an eight hour work-day.

Personal or Domestic Employees of Lawful Permanent Residents (LPRs)

B-1 visas are issued to personal or domestic employees of lawful permanent residents (LPRs), including conditional permanent residents and LPRs who have filed a Form N-470, Application to Preserve Residence for Naturalization Purposes.

Employment Authorization is Required

Before you begin working as a personal or domestic employee, you must file a Form I-765, Application for Employment Authorization, with USCIS following entry into the U.S. as a B-1 visitor. You need to wait for USCIS to approve the Form I-765 and issue the Employment Authorization Document (work card) to start your employment.

Source of Payment to Personal or Domestic Employees

The source of payment to a B-1 personal or domestic employee or the place where the payment is made or the location of the bank is irrelevant.

Consular Officer Responsibilities in Processing B-1 Visa Applications for Personal or Domestic Employees

The 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act (WWTVPRA) requires consular officers to inform personal or domestic employees applying for a B-1 visa of their legal rights under U.S. immigration, labor, and employment laws.  This includes information on the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the U.S.

Consular officers are instructed, at the time of the interview, to confirm the applicant has received, read and understood the Legal Rights and Protections pamphlet.

WHO IS ELIGIBLE FOR THE B-1 VISA?

Temporary visitors must meet the following eligibility requirements:

1. Maintain a residence in a foreign country, which you do not intend to abandon

Under U.S. immigration law, the term “residence” is defined as the place of general abode, i.e. your principal, actual dwelling place in fact, without regard to intent. You must show strong ties to your country, including family connections, property ownership, investments, and steady employment.

2. Intend to stay in the U.S. for a specific, limited period

The period of stay must be limited and not indefinite in nature. The expected length of stay must match the stated purpose of the trip. You must show with reasonable certainty that you will leave the U.S. upon completing your visit, prior to expiration of the authorized stay.

3. Seek entry solely to engage in legitimate activities permitted by the visa

You must be coming to the U.S. only to complete activities that are allowed by your visa classification. U.S. consular officers will deny the visa and U.S. customs officers will deny your entry if they have reason to believe or know that, while in the U.S. as a visitor, you will engage in unlawful or criminal activities.

You must have the funds or an employer-employee contract to cover the cost of the trip and your stay in the U.S. Otherwise, the U.S. consular officer or customs officer could find that you will work in the U.S. without authorization to defray expenses. You may even be issued an expedited removal order at the U.S. port of entry if the customs officer determines you have previously violated your B-visa status or intend to do so.

4. Have no immigration violations or criminal offenses that make you inadmissible, or otherwise qualify for an inadmissibility waiver

You will not receive the visa or be admitted if you are barred from entering the U.S. due to immigration violations or criminal offenses that make you inadmissible under U.S. immigration law. These include the 3/10 year bar due to accrual of unlawful presence of more than 180 days during a prior stay; conviction for a Crime Involving Moral Turpitude (e.g. theft or fraud) that does not qualify for the petty offense or youthful offender exception; and willful misrepresentation of material facts to gain entry into the U.S.

When you are inadmissible, but are otherwise visa eligible, you may file a 212(d)(3) nonimmigrant waiver to be excused from almost all inadmissibility grounds. A separate I-212 waiver (Permission to Reapply for Admission into the United States After Deportation or Removal) is needed if you are barred due to a prior removal order or illegal (or attempted illegal) reentry into the U.S.

B-2 IS DIFFERENT FROM B-1

The B-1 is under the same B-visa classification as the B-2 visa (for tourism and temporary visits), but is less restrictive. You may participate in tourist activities on a B-1 visa or a combined B-1/B-2 visa, but may not engage in temporary business activities while on a B-2 visa only.

WORK WITH AN IMMIGRATION ATTORNEY

Failure to overcome the presumption of immigrant intent and show strong ties abroad is one of the top reasons for a visa refusal or denial. Inadmissibility grounds can also prevent a visa grant or your entry into the U.S.

Consult an experienced immigration attorney to assess your visa eligibility, advise you on the forms and documents to submit, and assist you with the application process to get the B-1 visa to accompany or follow to join your employer as a personal or domestic employee.

For more information, read our related articles, B-1 Visitor Visa: Traveling to the U.S. for Business and B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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B-1 Visitor Visa: Traveling to the U.S. for Business

Posted on March 28, 2017 | Comments Off on B-1 Visitor Visa: Traveling to the U.S. for Business

The B-1 visa or combined B-1/B-2 visa is for nonimmigrants who seek to enter the U.S. temporarily for business reasons and tourism. To get the visa or gain entry to the U.S. on this visa, you need to show you will participate in only permitted activities.

WHICH ACTIVITIES ARE ALLOWED ON THE B-1 VISA? 

Examples of temporary business-related activities you may conduct are described below. This list is not exhaustive, but is specified in the Department of State’s Foreign Affairs Manual and other official guidance as appropriate reasons for a B-1 visa issuance.

Visitors Traveling to the U.S. to  Participate in Business Activities of a Commercial Nature

You may use the B-1 visitor visa to:

Consult with business associates and attend business meetings. Except – You may not work for or receive income from a U.S. based company. Working for a foreign company while you are in the U.S. on a visitor visa can also cause problems.

Engage in commercial transactions/sales, such as providing exhibitions, taking orders, negotiating, and signing contracts for products that are made outside the U.S. Except – The activities must not involve gainful employment or performance of work in the U.S. and must not result in compensation.

Seek business investment, including to survey potential sites for a business and/or to lease a premises in the U.S. Except – You may not remain in the U.S. to actively manage the business or perform work for the business.

Attend a scientific, educational, professional, or business convention, conference, meeting, trade show or event on specific dates. Except – You may not work for or receive income from a U.S. based company.

Litigate, including to participate in a lawsuit, take a claim to a court of law, or settle an estate. Except – You may not work or receive income from a U.S. based company, although you may receive monetary awards based on a court order.

Serve as an exposition or trade show (non-government) employee of a foreign exhibitor at an international fair. Except – You may not work for or receive income from a U.S. based company.

Install, service or repair commercial or industrial equipment or machinery sold and manufactured by a non-U.S. company to a U.S. buyer, when required by the purchase contract. Except – Installation cannot include construction work, except for training or supervision of U.S. workers to do construction, and you may not receive compensation from a U.S. source.

Complete short-term training. Except – The training program should not be designed primarily to provide employment. You may not receive payment or income from a U.S. based company, other than an expense allowance or expense reimbursement related to your temporary stay.

Do independent research. Except – You may not receive any salary or income from a U.S. based source or provide benefit to a U.S. institution.

Visitors Traveling to the U.S. to Pursue Employment Incidental to their Professional Activities

You may also use the B-1 visa in the following situations:

Ministers of Religion and Missionaries

Ministers of religion may receive B-1 visas to participate in an evangelical tour, so long as they do not accept appointment with any one church and will be supported by contributions at each evangelical meeting.  B-1 visas are also granted to ministers of religion temporarily exchanging pulpits with U.S. counterparts, provided they are reimbursed by the foreign church and will receive no pay from the host church in the U.S.

B-1 visas are issued to members of religious denominations, whether ordained or not, entering the U.S. solely to temporarily perform missionary work for a denomination, as long as they do not sell articles or solicit or accept donations and will receive no pay from U.S. sources other than an allowance or reimbursement for incidental expenses. “Missionary work” includes religious instruction, aid to the elderly or needy, and proselytizing, but not ordinary administrative work or ordinary labor for hire.

Participants in Voluntary Service Programs

You may use the B-1 to participate in a voluntary service program benefiting U.S. local communities. A “voluntary service program” is a project run by a recognized religious or nonprofit charitable organization to assist the poor or the needy or to further a religious or charitable cause. You must be a committed member of the organization.

Activities may include attending meetings, speaking at a conference, or assisting with an event. But you may not use the B-1 to circumvent the R-1 (nonimmigrant religious worker) visa process and live in the U.S. or work for a religious or non-profit charitable organization.

No pay must be received from a U.S. source, other than an allowance or reimbursement for incidental expenses.

Members of Board of Directors of U.S. Corporation

Foreign national directors of a U.S. corporation may travel to the U.S. on a B-1 visa to attend Board of Directors meetings or perform other duties related to board membership.

Professional Athletes

Professional athletes, such as golfers and auto racers, may use the B-1 visa to participate in a tournament or sporting event and receive prize money, but cannot receive salary or any other payment.

The B-1 visa is also issued to athletes or team members who seek to enter the U.S. as members of a foreign-based team to compete with another sports team, provided the foreign athlete and the foreign sports team have their principal place of business or activity in a foreign country; the income of the foreign-based team and the salary of its players are mainly earned in a foreign country; and the foreign-based team is a member of an international sports league or the sporting activities involved have an international dimension.

Amateur hockey players who seek to enter the U.S. for brief try-outs to join a professional team during the regular professional season or playoffs may also receive a B-1 visa. There must be an agreement with a National Hockey League (NHL)-parent team to provide only for incidental expenses such as round-trip fare, hotel room, meals, and transportation.  They cannot use the B-1 to stay and play on the U.S. team.

Investor Seeking Investment in United States (UPDATE, 12/28/2017)

You may be issued a B visa if you are seeking investment in the United States, including an investment that would qualify you for an E-2 nonimmigrant investor visa or EB-5 immigrant visa. You may use the B-1 visa to observe and monitor potential qualifying investments, as long as you otherwise qualify for the visa, e.g. do not plan to enter the U.S. to pursue permanent resident status. Like all B-1/B-2 visitors, you may not perform productive labor or actively participate in managing the business while you are in the U.S. in B status.

Equestrian Sports

You may travel to the U.S. on a B-1 visa to perform services for a foreign-based employer as a jockey, sulky driver, trainer, or groomer.

Certain Other Business Activities That Are Allowed on B-1

You may receive a B-1 visa to pursue certain other business activities. Examples are:

Commercial or Industrial Workers (UPDATE, 05/13/2019)

You may use a B-1 visa to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S. workers to perform such services.

The contract of sale must specifically require the seller to provide these services or training and the visa applicant must have unique knowledge that is essential to the seller’s contractual obligation to perform the services or training. The visa applicant must receive no compensation from a U.S. source.

You are not allowed to perform building or construction work, whether on-site or in-plant.  The exception is for supervising or training other workers engaged in building or construction work. But you may perform such building or construction work.

Foreign Airline Employees (UPDATE, 05-16-2016)

Foreign airline employees may use the B-1 visa if they:

  • seek to enter the United States to work for a foreign airline that is engaged in international transportation of passengers and freight;
  • work in an executive, supervisory, or highly technical capacity; and
  • otherwise meet the requirements for E visa classification but are unable to get E-1 classification solely because there is no treaty between the United States and the country of their nationality, or because they are not nationals of the airline’s country of nationality.

Foreign airlines employees who travel to the U.S. to join an aircraft for an onward international flight may also be documented as B-1 visitors. In this situation, they are not transiting the United States and are not admissible as crewmen.  Work on purely domestic flights within the United States is not allowed in B-1 status.

Clerkship (UPDATE, 08-30-2019)

Normally, applicants who seek to obtain hands-on clerkship experience do not qualify for B-1 visa classification. The exceptions that allow B-1 classification are:

  • Medical Clerkship: Students at a foreign medical school who seek to enter the U.S. to take an “elective clerkship” at a U.S. medical school’s hospital without remuneration from the hospital.  The medical clerkship is only for medical students pursuing their normal third or fourth year internship in a U.S. medical school as part of a foreign medical school degree.  (An “elective clerkship” provides practical experience and instructions in the disciplines of medicine and is supervised by faculty physicians at a U.S. medical school’s hospital as an approved part of the foreign medical school education.  It does not apply to graduate medical training, which is restricted by INA 212(e) and normally requires a J-visa.)
  • Business or Other Professional or Vocational Activities: Persons who seek to only observe the conduct of business or other professional or vocational activity, they pay for their own expenses. Persons who wish to get practical experience through on-the-job training or clerkships must instead get an H, L or J visa.

Participants in International Competitions

A professional entertainer may use the B-1 to come to the U.S. to participate in a competition for which there is no remuneration other than a prize (monetary or otherwise) and reimbursement of incidental expenses.

B-2 IS DIFFERENT FROM B-1

The B-1 is under the same B-visa classification as the B-2 visa (for tourism and temporary visits), but is less restrictive. You may participate in tourist activities on a B-1 visa or a combined B-1/B-2 visa, but may not engage in temporary business activities while on a B-2 visa only.

B-1 DOES NOT AUTHORIZE EMPLOYMENT IN THE U.S. 

The B-1 visa allows you to engage in business activities other than perform skilled or unskilled labor.  A B-1 issuance does not permit you to obtain and engage in employment while in the U.S.

A U.S. customs officer lawfully admits you to the U.S. to participate in legitimate B-1/B-2 visitor activities, and the U.S. consular officer issues the visa for legitimate B-1/B-2 purposes.  Therefore, U.S. immigration problems may occur if you perform activities that are not entirely consistent with the terms and conditions of the visa.

Remote Work or Working for a Foreign Employer

Whether remote work for a foreign employer on U.S. soil is allowed on a visitor visa does not have a clear-cut answer. During a business trip or vacation, for example, you might need to check in with your boss or team overseas. This is a grey area where it’s better to err on the side of caution.

Even if you are a freelancer, independent contractor or employee of a foreign employer, and the income source is outside the United States, you might still face U.S. immigration issues if you perform work during your B-1/B-2 visit. This is especially problematic if some clients or customers are in the U.S. or you get paid while you’re physically in the U.S.

U.S. tax law states that income from services performed for a foreign employer by someone present in the United States is deemed to be U.S. income — unless ALL THREE of the following conditions are met:

  1. You perform personal services as an employee of or under a contract with a nonresident alien individual, foreign partnership, or foreign corporation not engaged in a trade or business in the United States; or you work for an office or place of business maintained in a foreign country or possession of the United States by a U.S. corporation, U.S. partnership, or U.S. citizen or resident.
  2. You perform these services while you are a nonresident alien temporarily present in the United States for a period or periods of not more than a total of 90 days during the tax year.
  3. Your pay for these services is not more than $3,000.

Chapter 3 of IRS Publication 519, US Tax Guide for Aliens, states that if you do not meet all three conditions, your income from personal services performed in the United States is U.S. source income and is taxable in the U.S. 

The B-1/B-2 visa does not permit you to have U.S. income. Although some lawyers argue tax law is independent from immigration law, a U.S. immigration officer might find that you violated your visitor status simply because you worked on U.S. soil.

The B-1 visa and status allow you to negotiate contracts, attend business meeting and make deals to perform the work outside the United States, but not to actually do the work during your visit. The B-2 visa and status permits you to engage in tourism and recreational visits only, with very limited exceptions in special circumstances.

Exception: Personal/domestic employees of U.S. citizens living abroad, U.S. citizens on temporary assignment in the U.S., foreign nationals in nonimmigrant status, and lawful permanent residents may receive the B-1 visa to enter the U.S. and perform work as a personal/domestic employee in the employer’s household. Specific requirements must be met for them to actually get the B-1 visa for this purpose. In addition, they need to apply for and receive an employment authorization card after entering the U.S. on a B-1 visa.

WHO IS ELIGIBLE FOR THE B-1 VISA?

Temporary visitors must meet the following eligibility requirements:

1. Maintain a residence in a foreign country, which you do not intend to abandon

Under U.S. immigration law, the term “residence” is defined as the place of general abode, i.e. your principal, actual dwelling place in fact, without regard to intent. You must show strong ties to your country, including family connections, property ownership, investments, and steady employment.

2. Intend to stay in the U.S. for a specific, limited period

The period of stay must be limited and not indefinite in nature. The expected length of stay must match the stated purpose of the trip. You must show with reasonable certainty that you will leave the U.S. upon completing your visit, prior to expiration of the authorized stay.

3. Seek entry solely to engage in legitimate activities permitted by the visa

You must be coming to the U.S. only to complete activities that are allowed by your visa classification. U.S. consular officers will deny the visa and U.S. customs officers will deny your entry if they have reason to believe or know that, while in the U.S. as a visitor, you will engage in unlawful or criminal activities.

You must have the funds and make arrangements to cover the cost of the trip and your stay in the U.S. Otherwise, the U.S. consular officer or customs officer could find that you will work in the U.S. without authorization to defray expenses. Even if you have a valid visa, the customs officer may question you extensively about your travel plans to determine whether to admit you to the U.S.  You may even be issued an expedited removal order at the U.S. port of entry if the customs officer determines you have previously violated your B-visa status or intend to do so.

4. Have no immigration violations or criminal offenses that make you inadmissible, or otherwise qualify for an inadmissibility waiver 

You will not receive the visa or be admitted if you are barred from entering the U.S. due to immigration violations or criminal offenses that make you inadmissible under U.S. immigration law. These include the 3/10 year bar due to accrual of unlawful presence of more than 180 days during a prior stay; conviction for a Crime Involving Moral Turpitude (e.g. theft or fraud) that does not qualify for the petty offense or youthful offender exception; and willful misrepresentation of material facts to gain entry into the U.S.

When you are inadmissible, but are otherwise visa eligible, you may file a 212(d)(3) nonimmigrant waiver to be excused from almost all inadmissibility grounds. A separate I-212 waiver (Permission to Reapply for Admission into the United States After Deportation or Removal) is needed if you are barred due to a prior removal order or illegal (or attempted illegal) reentry into the U.S.

WORK WITH AN IMMIGRATION ATTORNEY

Failure to overcome the presumption of immigrant intent and show strong ties abroad is one of the top reasons for a visa refusal or denial. Inadmissibility grounds can also prevent a visa grant or your entry into the U.S.

Consult an experienced immigration attorney to assess your visa eligibility, advise you on the forms and documents to submit, and assist you with the application process to get the B-1 or combined B-1/B-2 visa.

For more information, read our related articles,  B-1 Visitor Visa: Traveling to the U.S. for Work as a Personal/Domestic Employee and B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit.

Keep in mind that entering the U.S. too frequently for extended visits on a B-1 or combined B-1/B-2 visitor visa may lead to problems at the U.S. port of entry. See Birth Tourism, Frequent/Extended Trips, Immigration Status Change: 3 Things That Often Prevent Entry to the U.S. (even though they are not strictly prohibited).

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit

Posted on March 27, 2017 | Comments Off on B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit

When you seek to enter the U.S. for tourism or a temporary visit, the B-2 visa or combined B-1/B-2 visa is appropriate. Only certain activities are allowed on this visa. The U.S. consular officer will not grant the B-2 visa and the U.S. customs officer will deny your entry on this visa if your reasons for travel do not fit the criteria.

WHICH ACTIVITIES ARE ALLOWED ON THE B-2 VISA? 

Legitimate B-2 visitor activities are described below. The list is not exhaustive, but is specified in the Department of State’s Foreign Affairs Manual and other official guidance as appropriate reasons for the consular officer to issue the B-2 visa.

Visitor for Pleasure

You may use the B-2 visitor visa to:

  • Engage in tourism, i.e. take a vacation (holiday) and visit places of interest
  • Make social visits to family members and friends
  • Receive medical treatment to protect your health (NOTE: the consular officer or customs officer must be satisfied you have the means to pay for the treatment, which includes doctors and hospitalization fees and related expenses.)
  • Participate in social events hosted by fraternal, social, or service organizations
  • Participate in entertainment or athletic activity (e.g. event or contest) as an amateur who is not a member of any profession associated with the activity, but instead normally performs without compensation (except for reimbursement of incidental expenses)
  • Take a short course of study, which is incidental to the visit and not for credit toward a degree
  • Temporarily stay as dependent of alien member of any branch of the U.S. Armed Forces temporarily assigned for duty in the U.S.
  • Temporarily stay as dependent of D visa crewman if you are coming to the U.S. solely to accompany the principal D visa holder

Visitor Under Special Circumstances

You may also receive the B-2 visitor visa under the following special circumstances:

Fiancé(e) of U.S. Citizen or Permanent Resident

Foreign nationals must obtain a K-1 fiancé(e), instead of the B-2 visa, if they seek to come to the U.S. to marry a U.S. citizen and apply for adjustment to permanent resident status (green card).  The U.S. Consulate, however, may grant the fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) a B-2 visa if it determines the fiancé(e) will return to a residence abroad soon after the marriage.

B-2 status may also be granted if you are traveling to the U.S. to:

  • Meet the family of your U.S. citizen or permanent resident fiancé(e);
  • Become engaged;
  • Plan the wedding; or
  • Rekindle or maintain a relationship with your prospective spouse

In reality, however, B-2 visas are not routinely granted in this situation. The Consulate tends to find that fiancé(e)s of U.S. citizens (in particular) or permanent residents (in some cases) will simply overstay until they can eventually get a marriage-based green card within the U.S. Therefore, it’s necessary to present strong evidence and persuasive testimony showing you will in fact depart on time, following a temporary visit, before you proceed with the K-1 or immigrant visa process.

Fiancé(e) of Nonimmigrant in United States

Fiancé(e)s who have a residence abroad to which they intend to return, and who are eligible to receive visas, may receive B-2 visas if the purpose of the visit is to marry a nonimmigrant in the United States, who has valid nonimmigrant F, H, J, L M, O, P, or Q status.  The U.S. Consulate will not grant the visa if it determines you will remain in the U.S. after admission and apply to adjust to permanent resident status, or request a change to a non-immigrant status that does not require a residence abroad.

Proxy Marriage Spouse of Nonimmigrant in United States

A spouse married by proxy to a foreign national in the United States in valid nonimmigrant status may receive a B-2 visa to join the spouse.  Following entry to the U.S., the joining spouse must file a timely request to change to the appropriate derivative nonimmigrant status (e.g. H-4 or F-2) after the marriage is consummated.

Spouse or Child of U.S. Citizen or Permanent Resident

A foreign national spouse, biological child, or adopted child of a U.S. citizen or permanent resident may be issued a B-2 visa if he or she is only accompanying or following to join the spouse or parent for a temporary visit.

Cohabitating Partners, Extended Family Members, and Other Household Members Who Do Not Qualify for Derivative Status

 The B-2 visa is issued to those who belong to the same household of another person in long-term nonimmigrant status, but who are ineligible for derivative status. These include cohabitating partners or elderly parents of temporary workers, students, diplomats assigned to the U.S. and accompanying parent(s) of minor F-1 student. It is also appropriate for persons who belong to the same household of a U.S. citizen who normally lives and works overseas, but will be in the U.S. temporarily.

The B-2 visa is also granted to a spouse or child who qualifies for derivative status (other than derivative A or G status) but who finds it difficult or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, as long as he or she intends to maintain a residence outside the U.S. and is eligible for the B visa. Those who plan to remain in the U.S. for more than six months may request a one-year stay when they apply for admission at the U.S. port of entry.  They may then apply for extensions of stay, in six -months increments, while the principal applicant holds nonimmigrant status in the U.S.

Foreign Nationals Seeking Naturalization under INA 329 (Naturalization Through Active Duty-Service in the Armed Forces During World War I, World War II, the Korean Hostilities, or in Other Periods of Military Hostilities) 

A person who qualifies for naturalization under INA 329, and who seeks to enter the U.S. to make use of this benefit, may receive a B-2 visa without being required to maintain a foreign residence.

Children Seeking Expeditious Naturalization under INA 322 (Children of U.S. citizens who are born and residing outside the U.S. and meet the conditions to acquire certificate of citizenship)

The U.S. Consulate may grant a B-2 visa to a foreign-born child who is eligible for expeditious naturalization under INA 322.  But even when the child intends to naturalize, he or she must intend to return to a residence abroad after naturalization, i.e. overcome the presumption of immigrant intent.  The child whose parents are living abroad will normally meet this requirement, but a child whose parents reside in the U.S. will not.

The U.S. Consulate may also issue a B-2 visa to an adopted foreign-born child of a U.S. citizen who seeks to naturalize under INA 322 if he or she presents a DHS-issued Form G-56, General Call-In letter for a naturalization interview; maintains a residence abroad and does not intend to stay permanently in the U.S,; and meets other eligibility requirements.

Dependents of Alien Members of U.S. Armed Forces Eligible for Naturalization under INA 328 (Naturalization Through Service in the U.S. Armed Forces) 

A dependent of an alien member of the U.S. Armed Forces who qualifies for naturalization under INA 328 and who seeks to accompany the spouse or parent on the service member’s assignment to the U.S. may be issued a B visa. The possibility of adjustment to permanent resident status does not require a visa denial.

Foreign Nationals Enrolled in an Avocational or Recreational School

A person may receive a B-2 visa to attend a school for recreational or avocational purposes.  When the U.S. Consulate is unable to determine the nature of the school’s program, it normally asks DHS to confirm whether approval of Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students (for an F-1 student visa) is required.

Lawful Permanent Residents Who Need to Come to the U.S. for an Emergency Temporary Visit 

 The I-551, Permanent Resident Card, becomes invalid for re-entry if the lawful permanent resident (LPR) remains outside the U.S. for more than one year. If the LPR needs to return to the U.S. sooner than when a returning resident visa can be obtained, the U.S. Consulate may issue a B-2 visa for re-entry purposes.

Adoptive Child Traveling to the U.S. to Acquire Citizenship foreign-born children who did not acquire U.S. citizenship at birth through a U.S. citizen parent to acquire U.S. citizenship automatically upon fulfillment of certain conditions while under the age of 18.

The U.S. Consulate may grant a B-2 visa to a child seeking to enter the U.S. to acquire U.S. citizenship under the Child Citizenship Act of 2000 (Public Law 106-395), as long as the child shows an intent to leave the U.S. after a temporary stay.

WHO IS ELIGIBLE FOR THE B-2 VISA? 

Temporary visitors must meet the following eligibility requirements:

1. Maintain a residence in a foreign country, which you do not intend to abandon

Under U.S. immigration law, the term “residence” is defined as the place of general abode, i.e. your principal, actual dwelling place in fact, without regard to intent. You must show strong ties to your country, including family connections, property ownership, investments, and steady employment.

2. Intend to stay in the U.S. for a specific, limited period

The period of stay must be limited and not indefinite in nature. The expected length of stay must match the stated purpose of the trip. You must show with reasonable certainty that you will leave the U.S. upon completing your visit, prior to expiration of the authorized stay.

3. Seek entry solely to engage in legitimate activities permitted by the visa

You must be coming to the U.S. only to complete activities that are allowed by your visa classification. U.S. consular officers will deny the visa and U.S. customs officers will deny your entry if they have reason to believe or know that, while in the U.S. as a visitor, you will engage in unlawful or criminal activities.

You must have the funds and make arrangements to cover the cost of the trip and your stay in the U.S. Otherwise, the U.S. consular officer or customs officer will likely conclude that you will work in the U.S. without authorization to defray expenses. You could even be issued an expedited removal order at the U.S. port of entry if the customs officer determines you have previously violated your B-visa status or intend to do so.

Whether remote work for a foreign employer on U.S. soil is allowed on a visitor visa does not have a clear-cut answer. During a business trip or vacation, for example, you might need to check in with your boss or team overseas. This is a grey area where it’s better to err on the side of caution.

Even if you are a freelancer, independent contractor or employee of a foreign employer, and the income source is outside the United States, you might still face U.S. immigration issues if you perform work during your temporary visit. This is especially problematic if some clients or customers are in the U.S. or you get paid while you’re physically in the U.S.

U.S. tax law states that income from services performed for a foreign employer by someone present in the United States is deemed to be U.S. income — unless ALL THREE of the following conditions are met:

  1. You perform personal services as an employee of or under a contract with a nonresident alien individual, foreign partnership, or foreign corporation not engaged in a trade or business in the United States; or you work for an office or place of business maintained in a foreign country or possession of the United States by a U.S. corporation, U.S. partnership, or U.S. citizen or resident.
  2. You perform these services while you are a nonresident alien temporarily present in the United States for a period or periods of not more than a total of 90 days during the tax year.
  3. Your pay for these services is not more than $3,000.

Chapter 3 of IRS Publication 519, US Tax Guide for Aliens, states that if you do not meet all three conditions, your income from personal services performed in the United States is U.S. source income and is taxable in the U.S. 

The visitor visa does not permit you to have U.S. income. Although some lawyers argue tax law is independent from immigration law, a U.S. immigration officer might find that you violated your visitor status simply because you worked on U.S. soil.

At the U.S. port of entry, the U.S Customs & Border Protection has broad discretion to refuse admission and even issue an expedited removal order if it determines that you intend to work in the U.S. or you have worked in the U.S. on a prior visit. The B-1 visa and status allow you to negotiate contracts, attend business meeting and make deals to perform the work outside the United States, but not to actually do the work during your visit. The B-2 visa and status permits you to engage in tourism and recreational visits only, with limited exceptions in special circumstances.

4. Have no immigration violations or criminal offenses that make you inadmissible, or otherwise qualify for an inadmissibility waiver 

You will not receive the visa or be admitted if you are barred from entering the U.S. due to immigration violations or criminal offenses that make you inadmissible under U.S. immigration law. These include the 3/10 year bar due to accrual of unlawful presence of more than 180 days during a prior stay; conviction for a Crime Involving Moral Turpitude (e.g. theft or fraud) that does not qualify for the petty offense or youthful offender exception; and willful misrepresentation of material facts to gain entry into the U.S.

When you are inadmissible, but are otherwise visa eligible, you may file a 212(d)(3) nonimmigrant waiver to be excused from almost all inadmissibility grounds. . A separate I-212 waiver (Permission to Reapply for Admission into the United States After Deportation or Removal) is needed if you are barred due to a prior removal order or illegal (or attempted illegal) reentry into the U.S.

B-2 IS DIFFERENT FROM B-1

The B-2 is under the same B-visa classification as the B-1 Temporary Business Visitor visa, but is more limited. If you have only a B-2 visa – and not a B-1 visa or combined B-1/B-2 visa, you may not engage in any business visitor activities, such as attend business meetings or negotiate contracts.

WORK WITH AN IMMIGRATION ATTORNEY

Failure to overcome the presumption of immigrant intent and show strong ties abroad is one of the top reasons for a visa refusal or denial. Inadmissibility grounds can also prevent a visa grant or your entry into the U.S.

Consult an experienced immigration attorney to assess your visa eligibility, advise you on the forms and documents to submit, and assist you with the application process to get the B-2 or combined B-1/B-2 visa.

For more information, read our related articles, B-1 Visitor Visa: Traveling to the U.S. for Business and B-1 Visitor Visa: Traveling to the U.S. for Work as a Personal/Domestic Employee.

Keep in mind that entering the U.S. too frequently for extended visits on a B-2 or combined B-1/B-2 visitor visa may lead to problems at the U.S. port of entry. See Birth Tourism, Frequent/Extended Trips, Immigration Status Change: 3 Things That Often Prevent Entry to the U.S. (even though they are not strictly prohibited).

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

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