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B2 Visa

Texas B2 Visa Attorneys

B-2 Tourist Visa

The visitor for pleasure (tourist) visa allows foreign visitors to enter the United States for a temporary visit for pleasure or tourism purposes. The visa may be issued in either single entry or multiple entry formats. The visa may also be issued for a limited time frame or on an indefinite basis.

1. ELIGIBILITY:

A foreign national who has a permanent residence in another country and who does not intend to abandon his/her home country. The foreign national is entering the U.S. for a temporary visit and the purpose of the visit is for pleasure. Finally, the foreign national has sufficient funds to support himself or herself without resorting to unauthorized employment.

2. CRITERIA:

List of permitted but not limited B-2 activities:

  • An Individual coming for purposes of tourism or to make social visits to relatives or friends;
  • An individual coming for health purposes;
  • An individual coming to participate in conventions, conferences, or convocations of fraternal, social, or service organizations;
  • An individual coming primarily for tourism who also incidentally will engage in a short course of study;
  • An amateur coming to engage in an amateur entertainment or athletic activity, even if the incidental expenses associated with the visit are reimbursed;
  • A dependent of an alien member of any branch of the U.S. Armed Forces temporarily assigned to duty in the United States;
  • An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien, if the purpose of the visit is to accompany or follow to join the spouse or parent for a temporary visit;
  • An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
  • An alien coming to meet the alien's fiancé(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse);
  • A spouse married by proxy to an alien in the U.S. in a nonimmigrant status who will apply for a change of status after consummation of the marriage;

3. DURATION:

Nonimmigrants who wish to visit the US for pleasure must obtain a B2 visa to enter the United States. Generally these visas are valid for five to ten years. However, the visa holder is only allowed to remain in the US while his or her I-94 card is valid. B2 holders should return to their home country or apply for a visa extension before their I-94 card expires. Failure to extend the visa or return home can result in the current visa being revoked and future visa applications being denied. B2 Visas are appropriate for individuals traveling to the United States for pleasure. The requirements for obtaining an B2 Visa are simple: Any B2 visitor for business may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each.

4. ADVANTAGES:

No Sponsor Required: Any foreign person may file an application for a tourist visa without the necessity of a United States sponsor.

Ease of Application: The application itself is filed directly at the United States consulate abroad and typically a decision is made on an immediate or short term basis.

Change of Status: While present in the United States, should the visitor's intentions change as a result of post-admission circumstances, it is possible to seek a change of status to other non-immigrant classifications.

5. REQUIREMENTS:

Valid Passport: The visa is issued by placement within a valid passport.

Non-Immigrant Intent: The foreign national must satisfy the consular officer that he will return abroad upon the completion of his temporary visit for pleasure and will not engage in unauthorized employment in the United States.

Financial Capability: The visa will only be issued to applicants who can demonstrate the financial resources that would accommodate round trip travel to and from the United States as well as payment of all living expenses during the temporary visit.

6. LIMITATIONS:

Limited Stay: The B-2 visa allows the temporary visitor to enter the United States for an initial stay of no more than six months.

Limited Accessibility: The B-2 visitor is expected to maintain his residence abroad. Many Border Patrol agents interpret this to mean that the visitor should, over the long course, average no more than six months per year in the United States. While it is possible to obtain a six month extension, and then depart the country and re-apply for admission immediately, the inspecting Immigration officer may deny admission for failure to maintain sufficient presence abroad.

No Employment: No employment is authorized in the United States while present on a B-2 visitor's visa.

Family Not Included: Each family member must apply for and receive his own B-2 visa in order to enter the United States.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.

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