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What
is a Visa?
A Visa Is
a Permit to Apply to Enter the U.S.
If you are a
citizen of a foreign country who wishes to enter the United States,
you are generally required to obtain a visa, which will allow you
to present yourself to an immigration official at the U.S. border
for entry into the U.S. A visa is normally obtained at a U.S. Consulate outside the United
States. It classifies the visit as business, tourism, etc. and is
usually valid for multiple visits to the United States during a
specified period of time.
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visa does not guarantee entry into the United States. A visa is
issued by a Department of State Consular Office abroad, but a separate
U.S. agency, the U.S. Citizenship and Immigration Services (USCIS),
has authority to deny admission at the port of entry. Also, the
period for which you are authorized to remain in the U.S. is determined
by the USCIS, not
the Department of State Consular Office. At the port of entry, an
USCIS official must
authorize your admission to the U.S.
There are
two major types of visas:
- An immigrant
visa is given to someone who intends to live and work
permanently in the United States. In most cases, your relative
or employer sends an application to the USCIS
for you (the beneficiary) to become an immigrant. (Certain applicants
such as investors, workers with extraordinary ability, and certain
special immigrants can petition on their own behalf.)
- A nonimmigrant
visa is given to someone who lives in another country
and wishes to come temporarily to the United States for a specific
purpose. Nonimmigrant visas are given to people such as tourists,
business people, students, temporary workers, and diplomats.
Who Needs
a Visa?
Anyone who is
traveling to the United States to become an immigrant
must have an immigrant visa. In addition, most people who want to
travel to the U.S. as nonimmigrants require a visa.
Under the Visa Waiver
Pilot Program, nationals
of qualified countries do not require a visa to apply to enter the
U.S. as a visitor for business or pleasure if staying for no more
than 90 days. In addition, Canadians do not generally
require a nonimmigrant visa unless they are coming to the United
States as a Treaty Trader. Some other categories of aliens do not
require visas (see Code of Federal
Regulations, Title 8, Section 212.1).
How Do I
Apply for a Visa?
The process
depends on the specific visa you are seeking. For more information,
see:
Visa Ineligibility
/ Waiver
There are categories
of persons ineligible
to receive visas under U.S.
law. 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.
If you are found to be ineligible, the consular officer will advise
you of any waivers.
Visa Denials
For an explanation
of the most common circumstance under which a visa is denied, as
well as your right to reapply, see Visa
Denials.
Extending
A Visa
Certain visas
may be revalidated
in the U.S.,
while others must be reissued at a U.S. consulate or
embassy abroad.
In any event, you
should understand that your permission to remain in the United States
is determined by the Arrival-Departure Record (Form I-94) that you
receive from the USCIS
when you enter the country. If you want to stay longer than the
date authorized by your USCIS Form I-94, you must apply for an extension
with the U.S. Citizenship and Immigration Services (the USCIS
generally will not extend your stay longer than the validity of
your visa).
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
agreement to be bound by our Terms of
Use.
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