Obtaining a B-2 Visa

B-2 visas are used to enter the United States either for pleasure (as a tourist) or for medical treatment. Under old rules, the length of time granted for a stay under a B-2 visa was six months. New rules set "a period of tiem that is fair and reasonable for the completion of the purpose of the visit." Immigration officials have the discretion to determine how long that time period is for each B-2 visitor. If the time to accomplish the purpose of the visit cannot be determined, USCIS will grant a 30-day period of admission.

Remember to be very careful when applying for a B-2 visa. If the application is rejected, the applicant could be barred from applying again for up to one year. Proof that the visit to the United States is for pleasure or medical treatment is very important; you can prove your intentions with a return airline ticket, residence outside the U.S. and strong financial and social ties to a country other than the U.S. are generally considered valid proof.

If you're traveling to the U.S. for medical treatment, evidence should include a statement from a doctor or institution accepting you as a patient for the proposed medical treatment, an estimate of the cost of the treatment and documentation of how these costs will be met.

What do I need to apply for a B-2 visa?

Make sure you have the following when applying:
A nonrefundable $100 application fee, plus any applicable fee to your home country.

Form DS156, Nonimmigrant Visa Application, completed and signed.

A passport valid for travel to the United States stamped with a validity date at least six months beyond your intended period of stay in the United States. If more than one person is included in the passport, each person must complete a separate visa application.

One photograph, 2 inches square (50x50 mm), showing full face, without head covering, against a light background.

All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and where they apply, must complete and submit a Form DS157, Supplement Visa Application, in addition to the Form DS156. Some American embassies and consulates also require female and other male applicants to complete the Form DS157. Also, all applicants from state sponsors of terrorism age 16 and over, irrespective of gender and age, are required to complete the Form DS157. Seven countries are now designated as state sponsors of terrorism: North Korea, Cuba, Syria, Sudan, Iran, Iraq, and Libya.

Applicants going to the U.S. for medical treatment must go to a U.S. Embassy Panel Physician to determine whether the treatment is available in their home country or is necessary to be done in the United States.

Applicants who do not have sufficient funds to support themselves during their proposed stay in the United States must present credible evidence to show that they will be supported there by some interested person; such evidence should reflect the ties between the applicant and sponsor which form the basis for the latter's assurances of extending support and can be shown through Form I-34, Affidavit of Support.

Are there any exceptions to the B-2 visa requirement?

VIsitors from certain countries are not required to obtain a visa to enter the United States. Currently, there are 23 countries whose citizens can obtain a visa waiver and travel to the U.S. for tourism or business for 90 days or less without a visa.

The countries are Andorra, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, San Marino, Spain, Sweden, Switzerland, and the United Kingdom.

These 23 countries qualify for the waiver program because each has a very low rate of visitor visa applications rejections, a good record of reciprocal treatment of American nationals, a program for issuance of machine-readable passports and a determination by the U.S. Attorney General that its inclusion would not damage U.S. law enforcement interests.

If I'm from a country that qualifies for visa waivers, do I need any additional documentation?

To qualify, travelers from participating countries must:

Have a valid passport issued by the participating country and be a citizen of that country.

Be seeking entry for 90 days or less.

Have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the waiver program and arrive in the United States aboard such a carrier.

Have proof of financial solvency and hold a completed and signed visa waiver arrival/departure form on which he has waived the right to a hearing of exclusion or deportation.

Do these rules apply to me if I'm coming from Mexico or Canada?

Entry at a land border crossing point from Mexico or Canada is permitted under and covered by the visa waiver program. Travelers who apply for entry at a land border crossing point are not required to present round-trip transportation tickets or arrive at the border entry point aboard a carrier who has signed an agreement with the U.S. to participate in the visa waiver program.

Visitors applying for entry under this program are allowed to remain 90 days (no extensions granted) and cannot change their status. Consistent with regulations pertaining to B-1 and B-2 temporary visitor visas, travelers coming under the visa waiver program cannot work or study.

Durrani Law Firm can help in obtaining a B-2 visa and explain the differences in types of visas and which is best for the type of visit planned. We are available for free consultations, and can be contacted by email at info@durrani.com or by phone at 1-866 DURRANI.