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B-1 And B-2 Visas

Do you need to file for a B-1 or B-2 Visa? The lawyers are Shoreline Immigration are ready to help you file for a visa today!

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What Are B-1 and B-2 Visas?

One of the most common non-immigrant visas people use to enter the United States is the B1/B2 non-immigrant visa. This visa allows people to travel to the U.S. for business purposes (B1 Visa) or for tourism (B2 Visa). The B1/B2 visa covers many reasons for temporary travel to the United States. Please review the categories below.

Who is eligible for A B-1 Visa or B-2 Visa?

B1 Business Visa Eligibility

  • Consulting with business associates
  • Attending a scientific, educational, professional, or business convention or conference
  • Settling an estate
  • Negotiating a contract

B2 Tourist Visa Eligibility

  • Tourism
  • Vacation
  • Visiting friends or relatives
  • Seeking medical treatment
  • Participating in social events
  • Participation in amateur events such as musicals, sports, contests, etc., as long as the participant is not being paid to participate.
  • Participating in a short recreational course of study that will not be used for credit toward a degree (for example, taking a cooking class while on vacation)

Who is Not eligible for A B-1 Visa or B-2 Visa?

There are, however, some restrictions on the B1/B2 visa. It should not be used for the following:

  • Study
  • Employment
  • Paid performances or professional performances before a paid audience
  • Arrival as a crew member on a ship or aircraft
  • Work as foreign press, in radio, film, print journalism, or other information media
  • Permanent residence in the U.S.

Visa Waiver Programs

The United States does not require nonimmigrant visas from all countries. Some are part of the Visa Waiver Program, which allows citizens and nationals from certain countries to travel temporarily to the U.S. without a visa. Also, citizens of Canada and Bermuda do not require visas to enter the United States for temporary travel purposes.

To be eligible to apply for a B1/B2 visa, it must be determined that the purpose of the trip is solely for business or tourism purposes and that the stay will be temporary. It should not be used as a means to obtain permanent residence status in the United States. To apply for a B1/B2 visa, the applicant should complete the Online Nonimmigrant Visa Application, Form DS-160. The application should be submitted online, and the confirmation page should be printed and brought to the visa interview.

B-1 Visa and B-2 Visa Interview Appointments

Interview appointments should be scheduled with the U.S. Embassy or Consulate in the country the applicant is residing in. Once the appointment is made, the applicant must pay the application fee before the interview. There may also be a visa issuance fee upon approval of the visa. To prepare for the interview, it is important to gather all documentation required for the interview. This includes a valid passport, the Form DS-160 confirmation page, the application fee payment receipt, and a recent digital photograph. It may also be necessary to provide additional documentation about the purpose of the trip, the applicant’s intention to depart the United States after their trip, and proof of the ability to fund the trip’s costs. Usually, providing evidence of employment and family ties will be sufficient to show proof of the applicant’s intention to return to their home country after their trip.

The consular officer will determine whether the applicant meets all the requirements necessary to obtain a visitor visa during the interview. Fingerprints are also usually taken during this time. After the interview, the visa may be approved, or it may be determined that the application requires more administrative processing. The consular officer will inform the applicant if this is the case.

B-1 Visa and B-2 Visa Approvals

Once the visa is approved and issued, the visa holder can now travel to a U.S. port-of-entry. Obtaining a visa does not guarantee admission into the United States, however. The final step is for the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials to inspect the visa holder and permit entry into the United States.

Have Questions About B-1 or B-2 Visas?

Typically, under 180 days or six months. If you wish to extend your stay, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status, and pay the filing fee. You must file at least 45 days before your

visa expires. You must also be eligible under the following conditions:

  • You were lawfully admitted into the U.S. with a nonimmigrant visa
  • Your visa is still valid
  • You have not committed any crimes that would make you ineligible for a visa
  • You have not violated the terms of your admission, and
  • Your passport is valid and will remain valid during your stay

Although most B1/B2 visas are approved, there are some circumstances in which the consular officer may determine your ineligibility for a visa. You may be denied if you did not complete the visa application fully or did not provide all documentation, you were convicted of certain crimes, you lied on your application, you have a history of over-extending your stay in the United States past the authorized period, or for various other reasons. You may be able to apply for an ineligibility waiver, but it is not a guarantee that this waiver will be granted. If you think you may be ineligible for a B1/B2 visa or if your visa was denied, it is important to seek help from an experienced immigration attorney.

If your situation changes while you are in the United States under a B1/B2 visa, you may be able to change your nonimmigrant status to another category. For example, if you marry a U.S. citizen or lawful permanent resident or are offered a job, you may be eligible to change your status. Please note that you may not accept any employment offers or work while in the United States under a B1/B2 visa.

In most circumstances, you will have to go through the initial application process to renew your visa, but some applicants may be eligible for an Interview Waiver (IW). This allows some applicants to renew their visas without going through the consular interview. Contact the U.S. embassy or consulate where you are applying to find out if you are eligible for an IW.

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