Articles Posted in B2 Visitor Visas

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In this blog we are answering 5 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. For any further questions call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I would like to understand if my case has any possibility of success. I am a Mexican citizen, my mother is a US Citizen. Years back she began the immigration process for me, but lost a notification due to a change of address. The whole process stopped. We both talked and would like to reinstate the process, can you please assist?

A: Thank you for your question. Did you save a copy of the case file that was mailed to CIS? It is important for an attorney to first evaluate your application to make sure you sent all necessary documentation along with your application. You will also need to provide copies of your receipt notices with your corresponding receipt numbers. It may be that you may have received a request for additional evidence. If you failed to change your address with CIS or if you failed to respond to CIS within the required timeframe you will need to reinstate your application. Our office has experience reinstating applications with CIS however the process can be time consuming. In some cases it is better to re-file to save time. If you have criminal history, have been deported, or detained these factors will have a profound impact on the success of your application. To determine the best strategy for you please contact our office.

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The Department of State has issued an alert announcing that as of June 26, 2015 all visa issuing US embassies and consulates are now able to continue visa processing. Staff at US consulates and embassies were able to work over the weekend and resolve backlogs which are expected to be eliminated this week.

As you may recall between the time period of June 9, 2015 to June 19, 2014, 335,000 visas were unable to be printed due to clearance and technological issues. Of those 335,000 visas, approximately 300,000 have now been printed.

Consulates and embassies worldwide are now scheduling visa interviews and issuing non-immigrant and immigrant visas.

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You have Questions, We have your Answers. Here are answers to 5 of your Frequently Asked Questions

In this blog we are answering 5 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I am visiting the United States as a tourist from a non-visa waiver country. My duration of stay will expire in approximately 1 month. Is it possible for me to extend my stay in the United States?

A: Yes, it is possible to extend your duration of stay if you plan to remain in the United States for purposes of tourism, leisure, or medical treatment. In order to extend your duration of stay you must file Form I-539. The process can be confusing for some, we recommend that all applicants seek counsel from an accredited legal representative or attorney to guarantee success.  In order to extend your duration of stay, you must be able to provide documentation proving that they have strong ties home including but not limited to: proof of employment, proof of academic enrollment, deed of property ownership, proof of financial obligations, etc. You must also be prepared to provide documented evidence supporting the fact that your stay will be for temporary purposes of tourism and/or leisure including a detailed personal statement establishing the fact that you will be in the United States for a temporary period of time, and will be returning back to your home country at the conclusion of your trip. Lastly, you must provide evidence that you have the sufficient finances to support yourself in the United States. The more evidence you can provide to support your claims, the better chances of your application being approved.

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On May 01, 2014 U.S. Customs and Border Protection launched a revamped webpage which allows non-immigrant visitors entering the United States, to access their I-94 arrival/departure record and their arrival/departure history. Prior to April 2013, non-immigrant visitors could only access and retrieve their recent I-94 arrival/departure record.

The overwhelmingly positive response to the agency’s I-94 arrival/departure online retrieval tool was what prompted the agency to also offer online travel history retrievals on the website. With this new electronic tool, travelers can access both their I-94 arrival/departure record and their arrival/departure history up to five years back from the date of their request. According to U.S. Customs and Border Protection, non-immigrant travelers may no longer need to file a Freedom of Information Act request (FOIA) to obtain their arrival/departure history thanks to this new electronic tool.

Through the website’s new function, travelers will be able to retrieve their I-94 record number, as well as their five year travel history, by entering only their name, date of birth, and passport information. It is important to note that this travel information will not reflect any changes of status, extensions of stay, or adjustments of status granted by USCIS.

Tourist Visa denials are very common in certain parts of the world. In fact, there are countries where it is virtually impossible to obtain a Visitors Visa to the United States.

Under a recent Calculation of the Adjusted Visa Refusal Rate for Tourist and Business travelers under the Guidelines of the Visa Waiver Program, released by the State Department we can learn some very Interesting Statistics.

How can Visitors Enter the US?

Wouldn’t it be nice to enter the US visa Free. I just left Israel a few days ago, most Israelis complain about the harsh requirement to get a simple visa to enter the US. Now the debate is on if Israel should join the Visa Waiver Program.

The Visa Waiver Program (VWP) is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S. territories of Puerto Rico and the U.S. Virgin Islands in the Caribbean, with limited application to other U.S. territories. Most of the countries selected by the U.S. government to be in the program are high-income economies with a very high Human Development Index and are regarded as developed countries.

Israel’s entry into the 37-nation U.S. Visa Waiver Program is the most controversial element in a pair of broader U.S.-Israel bills dealing with everything from improving cybersecurity to enhancing economic cooperation. Rep. Ileana Ros-Lehtinen is hoping to get the House Foreign Affairs Committee’s approval before Congress’ August recess. A version by Sen. Barbara Boxer is picking up support in the Senate.

This is a very important Change effective today. Be aware that this change applies to nonimmigrants only. It has no bearing on U.S. Citizens and U.S. Lawful Permanent Residents.

Beginning April 30, 2013, U.S Customs and Border Protection will begin automating the I-94 process. Form I-94 provides nonimmigrants with proof that they have been lawfully admitted to the U.S. As part of the automation process, individuals traveling to the U.S. by air or sea will no longer complete or receive a paper I-94 document.

Despite this change, USCIS will continue to require applicants to submit a paper copy of Form I-94 when requesting certain benefits. In addition, other government agencies such as State Departments of Motor Vehicles and the Social Security Administration offices will still require a paper I-94. The paper I-94 may also be useful for work-authorized nonimmigrants to present to their employers during the employment eligibility verification (Form I-9) process, and to demonstrate lawful presence in the U.S. to other U.S. authorities.

In order to apply for most B visas, one must file form DS 160 online to make an appointment and obtain a Bar Code. But what if you made mistakes on that form after submission?

While it is not possible to change information on a DS-160 after it has been submitted, there are two easy options for creating a new DS-160.

If it is within 30 days from when the original application was submitted, the first option is to log into the CEAC system and select “Retrieve an Application” using the application ID number. Next, you will be asked whether you want to go to the confirmation page or create a new application. Select create a new application, and the entire application will appear, except for travel plans to the U.S. Then, you will need to edit and update the information and submit again.

Recently we have seen many cases where Tourist Visa B2 extensions were denied by the Service. The rise in denials is concerning, but how can you increase your chances to get approved. Our very own Attorney Nadia Galash shares her experience in fighting B2 Tourist Visa denials.

Based on our experience working with responses to USCIS’s requests for additional evidence and motions to re-open/reconsider USCIS denials of requests for extensions on behalf of our clients, We can see that some factors are more important to prove to USCIS than others. Below is the overview of the requirements that any applicant should follow.

A B Visa visitor may apply for extensions of stay in six month increments. An extension of stay may not be approved if the extension was filed after the previously accorded status expired which may be excused at the discretion of USCIS. Extensions are not available to people who entered on visa waivers.

The Rome District Chapter of AILA (RDC) offered the following information from the NIV Chief in Shanghai, Mr. Mr. Richard Larsen. We specially wanted to update on the issue on non immigrant visas and in particular visitor visas for certain kind of applicants.

What is the status of B visa adjudications for pregnant mothers? B for dependent parents? Domestic Partners? What should be provided above and beyond a standard B visa applicant?

Mr. Larsen stated, The law does not prohibit pregnant mothers from applying for B visas or to have their babies in the U.S. The post reviews an application from a pregnant mother like other applications, looking for ties to China, financial resources, credibility, etc. If the post is