- Qualifying for a Visitor Visa
There are specific requirements which must be met by applicants to qualify for a visitor visa under provisions of the Immigration and Nationality Act. The consular officer at the embassy or consulate will determine whether you qualify for the visa.
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;
- Evidence of funds to cover expenses in the United States;
- Evidence of compelling social and economic ties abroad; and
- That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit.
- Applying for a Visitor Visa
Applicants for visitor visas should generally apply at the U.S. 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. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.
As part of the visa application process, an interview at the embassy consular section is required for visa applicants from ages 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged.
During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing , which takes additional time after the visa applicant’s interview by a Consular Officer.
- Required Documentation
Each applicant for a visitor visa must submit these forms and documentation as explained below:
- Online Nonimmigrant Visa Electronic Application, Form DS-160.
- 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 (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must make an application;
- One (1) 2×2 passport style photograph.
- What are the Required Visa Fees?
- Nonimmigrant visa application processing fee - You will need to provide a receipt showing the visa application processing fee has been paid when you come for your visa interview.
- Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable.
- Additional Documentation
It is important that you refer to the Embassy Consular Section web site to determine visa processing timeframes and instructions, learn about interview scheduling, and find out if there are any additional documentation items required. Learn more by contacting the U.S. Embassy or Consulate in your country of origin.
Applicants must demonstrate that they are properly classifiable as visitors under U.S. law by:
- 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 documentation should take since applicants’ circumstances vary greatly.
- 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.
- Depending on individual circumstances, applicants may provide other documentation substantiating the trip’s purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.
- Do I need a visa if I have an APEC Business Travelers Card?
Yes, you will still need a visa to travel to the United States unless you qualify for the Visa Waiver Program. Travelers are advised that possession of the APEC Business Travelers Card (ABTC) will not change visa requirements, your visa status, or the visa process for travel to the U.S.
- How can I use my ABTC when I apply for my visa?
You will still need to be interviewed, since U.S. law requires visa interviews in most cases and having the Asian-Pacific Economic Cooperation (APEC) Business Travelers Card (ABTC) does not exempt travelers from this requirement. Holders of the ABTC will be eligible to participate in the U.S. Embassy or Consulate business facilitation programs, which offer expedited visa interview appointments. Check the U.S. Embassy or Consulate website where you will apply for instructions on how to request an expedited interview appointment.
- Documentation Needed - When Seeking to Travel for Medical Treatment
In addition to all of the documentation requirements explained above, the following documentation is also required, for persons seeking medical treatment in the U.S.:
Persons desiring to travel to the U.S. for medical treatment should be prepared to present the following, in addition to any other documentation the consular officer may require:
- Medical diagnosis from a local physician, explaining the nature of the ailment and the reason the applicant requires treatment in the United States.
- Letter from a physician or medical facility in the United States, expressing a willingness to treat this specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
- Statement of financial responsibility from the individuals or an organization that will pay for the patient’s transportation, medical and living expenses. The individuals guaranteeing payment of these expenses must provide proof of ability to do so, often in the form of bank or other statements of income/savings or certified copies of income tax returns.
Persons traveling to the U.S. for medical treatment should have a statement from a doctor or institution concerning proposed medical treatment.
- Misrepresentation of a Material Facts, or Fraud
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.
- Visa Ineligibility/Waiver
Certain activities can make you ineligible for a U.S. visa. The Nonimmigrant Visa Application, Form DS-156 lists categories 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.
- Additional Information
- No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of non-refundable tickets should not be made until a visa has been issued.
- Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.
- Visitors are not permitted to accept employment during their stay in the U.S.
- Visa Denials
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.
- Entering the U.S. - Port of Entry
A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport. In advance of travel, prospective travelers should review important information aboutAdmissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or otherrestricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the National Security Exit Entry Registration System (NSEERS), also referred to as Special Registration program.
- Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
- It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
- Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travels to the U.S.
- Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized–even by one day–results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
- How Do I Extend My Stay?
Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Department of Homeland Security’s Bureau of Citizenship and Immigration Services to request an application to extend status. The request to extend one’s stay must be made prior to the expiration of their visa.
All the information provided on this website is for informational purposes only, and only provides an overview of the immigration topics discussed. None of the information contained herein is intended to serve as legal advice. For the most current information regarding immigration matters, please contact a licensed immigration attorney, or refer to the United States Citizenship and Immigration Services (“USCIS”) website: www.uscis.gov.
