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Generally, a citizen of a foreign country
who wishes to enter the United States must first obtain
a visa, either a nonimmigrant visa for temporary stay, or
an immigrant visa for permanent residence. The "visitor"
visa is a nonimmigrant visa for persons desiring to enter
the United States temporarily for business (B-1) or for
pleasure or medical treatment (B-2). Persons planning to
travel to the U.S. for a different purpose such as students,
temporary workers, crewmen, journalists, etc., must apply
for a different visa in the appropriate category. The consular
officer can provide additional information. Travelers from
certain eligible countries may also be able to visit the
U.S. without a visa on the Visa Waiver Pilot Program. (See
later in this document for further details.)
QUALIFYING FOR A VISA
Applicants for visitor visas must show
that they qualify under provisions of the Immigration and
Nationality Act. 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; 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.
VISA INELIGIBILITY/ WAIVER
The nonimmigrant visa application Form
OF-156 lists classes of 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.
APPLYING FOR A VISITOR VISA
Applicants for visitor visas should
generally apply 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.
Required Documentation
Each applicant for a visitor visa must
pay a nonrefundable US$100 application fee and submit:
1) An application Form OF-156, completed
and signed. Blank forms are available without charge at
all U.S. consular offices;
2) 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. If more than one person is included in the passport,
each person desiring a visa must make an application;
3) Two photographs 1 and 1/2 inches
square (37x37 mm) for each applicant, showing full face,
without head covering, against a light background.
Optional Documentation
Applicants must demonstrate that they
are properly classifiable as visitors under U.S. law. 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 evidence should take since applicants'
circumstances vary greatly.
Persons traveling to the U.S. on business
can present a letter from the U.S. business firm indicating
the purpose of the trip, the bearer's intended length of
stay and the firm's intent to defray travel costs.
Persons traveling to the U.S. for pleasure
may use letters from relatives or friends in the U.S. whom
the applicant plans to visit or confirmation of participation
in a planned tour.
Persons traveling to the U.S. for medical
treatment should have a statement from a doctor or institution
concerning proposed medical treatment.
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. Visitors are not permitted to accept employment
during their stay in the U.S. Depending on individual circumstances,
applicants may provide other evidence substantiating the
trip's purpose and specifying the nature of binding obligations,
such as family ties or employment, which would compel their
return abroad.
ADDITIONAL INFORMATION
A person whose passport contains a previously
issued visitor visa should inquire about special expedited
procedures available at most consular offices for issuance
of a new visitor visa.
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, eh or she may use it along with a new valid passport for travel
and admission to the United States.
If there is a fee for issuance of the
visa, it is equal as nearly as possible to the fee charged
to United States citizens by the applicant's country of
nationality.
Applicants for visitor visas should
not find it necessary to employ persons to assist them in
preparing documents or securing access to the U.S. consular
office.
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.
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.
U.S. PORT OF ENTRY
Applicants should be aware that a visa
does not guarantee entry into the United States. The U.S.
Immigration and Naturalization Service (INS) has authority
to deny admission. Also, the period for which the bearer
of a visitor visa is authorized to remain in the United
States is determined by the INS, not the consular officer.
At the port of entry, an INS official must authorize the
traveler's admission to the U.S. At that time the INS Form
I-94, Record of Arrival-Departure, which notes the length
of stay permitted, is validated. Those visitors who wish
to stay beyond the time indicated on their Form I-94 must
contact the INS to request Form I-539, Application to Extend
Status. The decision to grant or deny a request for extension
of stay is made solely by the INS.
VISA WAIVER PILOT PROGRAM
Travelers coming to the U.S. for tourism
or business for 90 days or less from qualified countries
may be eligible to visit the U.S. without a visa. Currently,
26 countries participate in the Visa Waiver Pilot Program:
Andorra, Argentina, Australia, Austria, Belgium, Brunei,
Denmark, Finland, France, Germany, Iceland, Ireland, Italy,
Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands,
New Zealand, Norway, San Marino, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom. Visitors entering on
the Visa Waiver Pilot Program cannot work or study while
in the U.S. and cannot stay longer than 90 days or change
their status to another category.
FURTHER INQUIRIES
Questions on visa application procedures
and ineligibilities should be made to the American consular
office abroad by the applicant.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
Visa
Services
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