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Visitor visa are available in two forms: as a B-1 visa for business or a B-2 visa for pleasure. Some travelers can come without a visa because their country is on the list of participating countries in the Visa Waiver Program.
Applying for a visa is relatively simple. You need to check with the American Consulate in your home country for instructions. In basically all cases you need to apply in person for an interview, but you should be prepared.
Before we begin we would like to explain one fact that most people do not know or understand when they travel to the United States:
The visa you have applied for and received from the American Consulate is not a permission to enter the United States and to stay there for a limited time. This probably surprises you. The visa is merely the permit to present yourself at a Port of Entry (airport, port, land border crossing) and ask for admission. The CBP Officer at the Port of Entry is the one who will decide if you can be admitted or not. If you travel without a visa and are not subject to a waiver, he or she will not let you enter. But even if you travel with a visa, he or she still may refuse entry, even though the Consul gave you the visa and everything seemed OK. The officer at the Port of Entry has the last word, not the Consul.
In the vast majority of cases the actual entry to the U.S. is a smooth and short procedure. But you must not forget that the visa itself is not an entry permit. You should take documentation with you that can prove the two main propositions of a visitor:
1. You must be able to show the intent to return to your home country
2. You must have sufficient funds to finance your visit in the U.S. without causing suspicion that you might illegally work in the U.S.
Again, in most cases the possession of a return flight ticket and a credit card may be all you need to satisfy these conditions. But in some cases it might be very important to bring ample documentation, even if you have a visa. In these cases it is good to take the same documentation you submitted to the consulate to gain the visa.
How to obtain a visitor visa and subsequent entry?
The two main conditions are that you are able to show the intent to return to your home country and that you have sufficient funds to finance our stay without needing a U.S. source of income. The proof you have to submit will depend on the circumstances. An established businessman with a company in the home country and a collection of golden credit cards might need less documentation than an unemployed graduate student without even an apartment in the home country.
Also you must avoid giving the impression that you will engage in work in the U.S.
The B-1 visa is for business purposes. Business travellers do “work” and are allowed to “work” but only within certain very narrow limits.
Engaging in unauthorized activity can have dire consequences, such as losing your visa, being removed from the country, and being barred from reentering the U.S. for many years. Therefore it is advisable that you consult with us before you travel.
The B-2 visa is for “pleasure.” It never allows to work nor to engage in most kinds of study in the U.S.
Generally aliens who have:
-certain convictions for criminal acts
-previous unauthorized stay in the U.S., unauthorized work or an unauthorized extension of stay
will not be allowed to enter the country.
There are certain exemptions to these bars and certain waivers can be sought. If you know or think that you might be subject to such a general bar to entry, please contact us before you travel.
A previous refusal to issue a visa is not generally a reason to bar you from future entry into the U.S., but it can raise red flags at the POE. Therefore you should carefully evaluate if you should apply for a visa and rather consult with us instead of risking a refusal. If you received a refusal you should consult us before you apply for another visa or travel on another visa or the VWP to the U.S. We can advise you about the steps to take to minimize the risk that you will be refused entry in the U.S.
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