Articles Posted in B2 Visitor Visas

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

Recently, Customs and Border Protection (CBP) provided guidance on the period of time for which a nonimmigrant alien domestic partner may be admitted to the United States in visitor status when presenting a valid B-2 visa. This guidance does not apply to a visitor applying for admission under the Visa Waiver Program, which limits admission to a period of 90 days.

The Department of State (DOS) Visitor Visa Policy is to authorize issuance of a B-2 visitor visa to the unmarried, cohabitating partner of a nonimmigrant alien coming temporarily to the U.S. for work or studies. The DOS amended the Foreign Affairs Manual (FAM) in 2001 to formalize this long-standing policy. This policy extends to virtually any alien who is a member of the household of another alien in long-term nonimmigrant status but is not eligible for a derivative visa as a spouse or a child. In addition, even if a spouse or a child qualifies for a derivative visa, such as an L-2, H-4, etc., they may instead apply for a B2 visa. The spouse or child does not need to demonstrate that it is impossible to apply for a derivative visa, as it is simply inconvenient to do so.

Within the CBP Inspector’s Field Manual, there is a list of situations that support the use of a B-2 visitor category visa. One such item on the list is dependent domestic partners for whom the B-2 visitor category is appropriate. A nonimmigrant alien presenting a valid B-2 visa when applying for admission should be admitted for no less than six months, provided e or she is otherwise admissible and has a passport valid for the required period of time. A visitor accompanying another alien in long-term nonimmigrant status, however, may desire a longer period of admission. An alien presenting a valid B-2 visa may be admitted for up to one year.