NON-IMMIGRANT VISA QUALIFICATIONS

Q. How do I qualify for a non-immigrant visitor or business visa?

A. Applicants for non-immigrant visas must show qualification under provisions of the Immigration and Nationality Act and demonstrate that they are properly classifiable as visitors under United States law.

The presumption in the law is that every visa applicant is an intending immigrant. Therefore, applicants for 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 which will insure their return abroad at the end of the visit.

Q. Where Do I Apply for a Visa?

A. Applicants for visas must submit a Non-Immigrant Visa Application (Form DS-156) at the American 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. A Supplemental Nonimmigrant Visa Application , Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age.

Q. What are the required supporting documents?

A. A passport valid for travel to the United States with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application. One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.

Q. What are the Required Fees?

A. Each applicant must pay a nonrefundable US $100 nonimmigrant visa application processing fee. Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.

Q. How does one demonstrate that they are properly classifiable as visitors under United States law?

A. By providing 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.

Q. What documentation is needed when aeeking to travel for medical treatment?

A. 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.:

* Medical diagnosis from a local physician, explaining the nature of the ailment and the reason the applicant requires treatment in the United States.

* A 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).

* A statement of financial responsibility from the individuals or organization which 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.

Q. Are non-immigrant visitors permitted to accept employment during their stay in the United States?

A. No.Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visitor visa in an expired passport, he or she may use it along with a new valid passport for travel and admission to the United States.

Q. Can an applicant apply again if the visa is denied?

A. 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.

Q. Can a Immigration Officer at the arrival airport deny entering the United States?

A. Applicants should be aware that a visa does not guarantee entry into the United States. The visa allows a foreign citizen coming from abroad to travel to the United States port-of entry and request permission from the USCIS to enter the United States. Also, the period for which the bearer of a visitor visa is authorized to remain in the United States is determined by a Immigration Officer, not the consular officer. If you are allowed to enter, the Immigration Officer will provide the visitor with Form I-94, Record of Arrival-Departure, which notes the length of stay permitted.

Can a stay in the United States be extended?

Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the USCIS. Such extensions are not easily granted.