B Visa

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Tourist/Visitors visa for people with special needs or challenges

Detailed question:

Answer:

Watch the Video on this  FAQ: Tourist/Visitors visa for people

with special needs or challenges

 

Video Transcript:

Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is  going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. FAQ in detail...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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University of Farmington, Michigan issues

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Answer:

Listen to the Audio on this FAQ: University of Farmington, Michigan issues

Audio Transcript

Tourist visas itself is a visa that can be denied on so many grounds. It is difficult to predict. You can try. Just make sure you don't make any misrepresentations or active concealments of facts because that can lead to a permanent bar from entering the USA. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form

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Legal Stay to the Parent of US Citizen Child With Disability

Detailed question:

Answer:

Watch the Video on this FAQ: Is there any law to provide legal stay to the parent of US citizen child with disability?

Video Transcript

The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations.  More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Immigration Consequences of a Denial of Entry at the Airport

Detailed question:

Answer:

Watch the Video on this FAQ: Immigration consequences of a denial of entry at the airport

Video Transcript:

1. You can file a Freedom of Information Act (FOIA) request with Department of Homeland Security (DHS) or U.S. Customs and Border Protection (CBP) and or USCIS and see what information they have on you and within a few months they should be able to give you a copy of your document everything that they have on you and this doesn't cost you anything.

2. Do remember tourist visa is not a guarantee. The consular officer could refuse you a tourist visa for many reasons, so even if the fact that you worked without authorization on a previous time is long gone the prior bad history could be used to deny you another tourist visa.

3. As long as you don't lie about anything, by all means, you can try.

4. You have to go through green card and it takes many, many years. So if you go to the visa bulletin there is a category for unmarried children of US citizens and it takes several years. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Applying for green card while visiting the USA

Detailed question:

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=2303

FAQ Transcript:

It will be wrong if you entered USA for a visit visa and had a preconceived intention of getting married. I think that would be considered as a fraud by the government. On the other hand, you entered USA wanting to visit and fell head over heels in love with somebody, I think in a case like this we can definitely go and do a green card if you can demonstrate that you had no preconceived intention then I think you are ok. 

My advice to people is don’t get married till you apply for a K-1 (fiancé visa) which would be a smart thing to do in a situation like this. It takes a few months or maybe more than a year.

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Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

Detailed question:

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

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No Requirement of Possessing Fund for Visitor's Visa

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Answer:

For visitors visa, there is no requirement of possessing funds. The consulates can require, if they so choose, that you demonstrate your ability to support yourself during the visit, but there is no hard and fast rule on this. Your most likely hurdle will be the need to prove that you will come back and not stay in the US illegally. 

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Effect of Tourist Visa Denial on Student Visa

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Answer:

When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.

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Visa for Medical Treatment

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Answer:

Typically, medical treatment in the USA is undertaken on a B-1 ("Business" visa. Strange, huh?). But do not get confused. Consulates often mark visas as B-1/B-2 or even B-2 (visitors/tourist) for medical treatment. Once here, you can ask for extensions of stay if the circumstances so require. I remember extending the stay of a child and his parents for two years (in 6-monthly chunks), where the baby was being treated for ongoing medical problems.

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Visa Status (Void when out of status)

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Answer:

That is covered by section 222(g) of INA. See this link: http://www.uscis.gov.edgesuite-staging.net/ilink/docView/SLB/HTML/SLB/0-...

"(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay."

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Grace Period - Using Tourist Visa After Quitting A Job

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Answer:

It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.

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B Visa Extensions

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Answer:

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?

Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.

A2. If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.

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Bangkok’s Local Policy on Issuing B Visas

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Answer:

1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM.  Each case is treated individually and is decided based on the personal interview.

2. One case may require a particular piece of information and the other case may not require the same information.  However, in some cases, presenting certain information may help the applicant explain their B-1/B-2 qualifications.  For example, pregnant mothers traveling to give birth may wish to demonstrate their ability to pay their medical expenses.

3. Dependent parents may wish to demonstrate family and financial ties to Vietnam.  As noted in 9 FAM, each case is treated on an individual basis.

4. Domestic employees must demonstrate the duration of employment and contractual agreement with the employer.

5. Partners of U.S. citizens must demonstrate the length of the relationship with the U.S. citizen and strong personal ties with long term plans to maintain residency in Vietnam.  HCMC does not have any specific requirements for documents beyond the basic documentary requirement for an NIV application; however, as mentioned in 9 FAM, consular officers may request additional information.

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Grounds for Rejection for B and F Visa

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Answer:

The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.

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Exploring Other Options During H-1 Transition

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Answer:

You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you. There is no grace period under these circumstances.

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Supervisory CBP Officer initiated to have the cancellation reviewed

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Answer:

U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a visitor due to the period of time he/she was previously present in the U.S., the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. Such refusal would definitely result in a visa cancellation taking place, in which case an inquiry with the Special Cases Office could be initiated in order to have the cancellation reviewed.

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Nonimmigrant waiver

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Answer:

Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).

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Visitor visa rejected

Detailed question:

Answer:

You must tell the truth. The better visa for you is K-1, if you want to get married in USA. Your chances of getting a B visa do not appear to be very good.

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Visit visa and marriage

Detailed question:

Answer:

Spouses of US citizens are eligible for green card without any waiting. But I have always advised people to not use a tourist visa to enter USA with an intention to get married. I suspect USCIS can, if they choose to, raise an implication of fraudulent entry.

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Multiple entries for UK Citizens

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Answer:

He can be denied entry. UK citizens have the same options to work in USA as the rest of the world; typically H-1, L-1, E-1 and E-2 visas.

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Re-entry with B-1 Visa

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Answer:

You can go to a third country, but your entry back into USA can be declined if CBP believes you are spending more time in USA than you should. Typically, B visas are for brief visits (may be six months or less in a 12-24 month period).

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Stopping at USA

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Answer:

You will need an unexpired passport to enter USA. People in your situation carry both the new and the old passports.

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Visa for family to visit brother

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Answer:

Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.

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Visitors visa and green card

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Answer:

She will be at the mercy of CBP at the airport. They can decline entry.

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I am a US citizen and spouse on B-2 visa

Detailed question:

Answer:

You can file I-130 and I-485, but she must not travel outside USA until she gets her green card.

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Pharmacist visa for FPGEE

Detailed question:

Answer:

You will apply for B visa (B-1/B-2).

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Visit visa for my parents

Detailed question:

Answer:

Your parents can apply for a tourist visa on their own. There is no law that they must be invited.

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B-2 visa

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Answer:

I think if you wait till you have a steady job and roots in Canada, and then apply to visit USA, you should have a better chance.

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B-2 to B-1

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Answer:

I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.

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Parents B-2 Visa

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Answer:

I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.

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Mother's visa expires - reentry

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Answer:

A trip back after just 10 days is likely to be problematic. She can be declined entry because the govt. Can view this is an abuse of B visa in that she is staying in USA more than she is in her own home country.

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B1/B2

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Answer:

You should be able to get your green card. Do not travel outside USA until you do. I would suggest getting a lawyer.

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B-1/ B-2 for business

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Answer:

B-1/B-2 seems to be the correct visa.

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Visit visa and work

Detailed question:

Answer:

This could be viewed as fraud by the government.

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My wife filed for Skilled Worker

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Answer:

There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.

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Mom's visa denial

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Answer:

They are required by law to give a reason. Contact your Congressman.

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B-1/B-2 visa for medical reasons

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Answer:

I think until your husband get naturalized, a tourist visa for medical treatment is your best bet. These visas can be designated B-1 (Business visas) or B-2 (Tourist). You should get an appointment letter from her intended physician and try for the B-1/B-2 visa.

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Australian Musician to perform in US

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Answer:

A "B" visa is appropriate if the artist will not be paid in USA, other than for travel and incidental expense.


An "O-1" Visa is for an individual artist of International Renown - well known outside their home country. A "P-1" is for a performing group that meets the same standard.


"P-2" Visas are issued on reciprocal basis between countries. You may want to contact the US consulate to see if they have programs for Australia.


"P-3" Visas are for groups that are Culturally Unique - for instance, folk musicicians.

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5 year multi entry visa

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Answer:

The duration of the stay will be determined by the CBP when you land in USA.

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Visitor visa - passport in maiden name

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Answer:

There is no US law (that I can think of) requiring you to change your passport right away. I think you can travel. But eventually you should get it all corrected. Change to married name is not required, but I think the passport should accurately reflect marital status.

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Tourist Visa Validity

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Answer:

Visa validity is required only to enter USA, not to stay. The stay period is determined by CBP (at the airport) when you enter USA. The stay is noted on a document called an I-94 (Arrival Departure Record). Even if the visa expires, you can stay till the end of your I-94.

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Co sign

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Answer:

An affidavit of support can be co-sponsored by your friend. But green card holders cannot sponsor siblings for green cards, only US Citizens can.

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B2 visa to green card

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Answer:

The answer to both your questions is - yes. But you MUST speak with a lawyer to understand all the nuances of her case.

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Visitors visa sponsored by H-1B holder

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Answer:

I see no need for a new visa.

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Proper protocol for B-2 visa

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Answer:

There are no formal requirements, but the consulates can ask for anything they feel is necessary. Get your Congressman involved. They will be able to get more information from the consulate very quickly.

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Married to a US citizen

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This may sound silly, but I think you should reapply for a tourist visa and tell the consulate what you are planning to do. They may not require a new visa or they may even deny you entry and ask you to wait for your green card. But that, I think is the right thing to do. Once you arrive in USA and file for adjustment of status, you can stay beyond your tourist visa/I-94 duration.

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B-2 Visa Multiple destination

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Answer:

As long as the visa is valid and permits multiple entries (not all visas do), I see no problem.

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B-2 Visa

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Answer:

Getting a B-2 visa for a single person tends to be very difficult. If you meet him once, you can get him here on a Fiance (K-1) visa. That is much better if you want to get married.

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B1/B2 Category

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As far as I can think, you would have to reveal your DV application. Not having researched DV specifically, I can only say that generally, having applied for a green card makes getting a B visa much more difficult.

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Having a board test on B1/B2

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Answer:

As far as I know, this should not be a problem if you are truthful about your intentions.

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B1 rejected because I had applied for Green Card

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Answer:

I do not know of any special proof that you can provide. This is purely a matter of consular discretion.

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Visa for Mother in law

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Answer:

A B-1 visa is appropriate for medical treatment.

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Business Visa

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Answer:

If you make the details of the transaction clear to the consulate, I feel you should have a shot.

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Return to America on a B-2 visa

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Answer:

I cannot give you a hard and fast rule, but generally speaking, CBP wants you to spend more time outside than inside USA each year.

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H1B Pending

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Answer:

You need to discuss this with your H-1 lawyers. I do not believe you can stay. Filing an extension may not help either.

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F1 visa to business visa or H1/L1

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Answer:

If you qualify, H and L visas are certainly more secure than an F visa.

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B visa while GC pending

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Answer:

The law is uncertain. This type of entry will be left at the discretion of CBP. I have a blog entry on this subject. Please review it: http://forums.immigration.com/blog.php?u=1

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Legality of I-485/I-130 filing

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This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.

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I want to bring my mom to the states

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Answer:

You can apply for her and he can be a joint sponsor on the affidavit of support. No problem.

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Visa for Mother in law

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Answer:

I can think of only a tourist visa or ER. But once your husband becomes a US citizen, he can get her green card.

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Can my parents stay in the US?

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1. From what you have described, I see no reason why you cannot file for their I-485 and have them stay.

2. He can legally stay in USA as long as USCIS receives the extension request (Form I-539)before the expiration of his current status. He can stay till the request is decided or till the time for which the extension has been requested, whichever comes first. It can take several months for the application to be decided.

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Visit Visa to the U.S.

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Answer:

Just contact the US consulate closest to where you live to find out the formalities and fees. Basically, you need to file a visa application and interview with the consulate. They will tell you what to bring with you.

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Co-sign for my fiance's mom

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Answer:

Anyone can sign a Form I-134 (the affidavit of support for a visitors visa). As to the amount of income, run an internet search for "poverty guidelines." If you meet those requirements, you should be fine. In fact, a Form I-134 is not a requirement of law, but consulates can ask for it.

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Entering U.S.

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Answer:

All he can do is try. There is no way to be certain, but being abroad already should help a bit.

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B1B2 VISA multiple entry 10 years

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Answer:

There is no requirement that you enter every two years. I see no issue with your travel.

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Traveling to US while green card petition pending

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Answer:

You can try, but such permission is rarely given.

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I have been revoked to seattle with visa B1/B2

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Answer:

You will need a consultation with a lawyer. It appears you were formally denied admission and excluded from entering USA. The one-month detention sounds strange. Anyhow, get a lawyer, this is not a simple matter.

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Applying for B1/B2

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Answer:

Your chances are slim, but it is impossible to predict.

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Visa for parents and niece

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Answer:

I see no reason why they cannot all apply. Separation should not raise a problem as far as I can see. But consulates may want some additional paperwork for a minor to travel with grandparents.

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Are there any impediments to exit the US with a expired B1/B2

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Answer:

As far as I know, there is no impediment. But I think you will be subject to a ten year bar from reentering USA once you leave.

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Vistor Visa for Niece

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Answer:

Send an email to consulate asking for local requirements for grant of a visa for a child to travel with grandparents. They may need consent from her parents.

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B-1/B-2 visa to F-2 visa

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There are several issues here that should require you consult with a lawyer. For instance, USCIS does not like it when people enter USA on a short-term visa and get married or try converting to a long term status (like F-2).

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From a B-2 visa to a green card

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That does not sound possible. Green cards to USA are granted based upon very limited basis. But, you should have your friend speak with a lawyer to see what options may exist.

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Marrying B1/B2 girlfriend

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Answer:

For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.

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Re-enter US on tourist visa

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Answer:

It is unlikely she will receive another six months after visiting Canada. The rule of thumb is that she must spend more time outside USA than inside.

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B1 visa

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Answer:

We have no choice. You have to tell the truth. I do not believe that by itself would be a problem.

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B visa for fiance

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Answer:

Fiance visa option is available for citizens only. B visa is always a toss of a coin. No-one can predict how it will go. But chances of getting B visa for the fiance of a US immigrant are very low.

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How to apply for visitors visa?

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Answer:

She needs to contact the US consulate closest to where she lives. Normally, they will be able to tell her what she needs to bring and what the procedure is. This information should also be available on consular web site. Most consulates also respond to e-mail enquiries.

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B Visa renewal

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Answer:

I see no reason why not.

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B1/B2 Multiple Entry Visa

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Answer:

Since you left without using the extension, the fact that you applied for one should not become an issue for reentry in the future. But the problem can be if you return too soon, CBP can deny entry. Have a happy Thanksgiving.

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Confused - B-1 to F-1 change

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Answer:

You should be able to get your OPT and even an H-1 and a green card. But if ever you want to travel outside USA, make sure you discuss the facts of the case with a competent lawyer. You have to make sure you have a good chance of getting a visa to get back in to USA.

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I Need A B2 Visa

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Answer:

I am not sure what you mean by "traveling experience," but B-2 visas depend primarily upon the consular officer being convinced that you do not intend to overstay in USA or seek to become a long term or permanent resident during your visit. Good luck!

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B1 Visa

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Answer:

They can do a lot of things, and often do, even things that are unreasonable. If you feel the decision is in error, contact the consulate through your Congressman.

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B Visa renewal

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Answer:

I see no reason why not.

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Visa B2 - affidavit of support

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Answer:

Technically only US citizens or permanent residents can provide affidavit of support. You can read the instructions on Form I-134.

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Can Europeans apply for B2 tourist visa?

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Answer:

Yes, you can. Even if you are covered by Visa Waiver, you do have the option to apply for a B-2 visa. In my view, you must state the reason truthfully. As to what your chances are is impossible to predict.

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Applying for B2 visa after voluntary departure from USA

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Answer:

Chances of obtaining a B-2 visa are slim if you have overstayed that long earlier.

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How does one assist family in applying for B-2 (Visitors/Tourist) visa

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Answer:

A1. There are no fixed procedures for applying for a tourist visa. Generally, the applicant just goes to the U.S. consulate closest to their home and applies. Often a friend or a family member (who is in the U.S.) of the applicant may be required by the consulate to provide Form I-134, Affidavit of Support.


Once a visa is obtained, the visa holder can travel to USA. Assuming, they travel by air, INS (actually, CBP) will grant them stay at the airport. The usual period of this stay is 6 months. Extension is possible but is usually not advisable. Visa duration governs the time within which someone can land in USA. I-94 (issued by INS (CBP) at the airport) governs how long they can stay in USA. So for example if your visa is expiring tomorrow and you flew into USA today. INS (CBP) has given you an I-94 expiring in 6 months, you may stay in USA for 6 months.


A2. Hand write or type next to it "H-1B Holder"


 


 

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Visitors I-94 extension on expired visa?

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Once she is in USA, her stay is governed by the I-94, not the visa. There are other issues with extension (such as future problems in entering, etc.), but visa is not an issue.

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Extension for Visitor Visa Denied Please Help

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Answer:

Not much you can do at this point. Keep copies of all documents so you can show that the overstay was entirely inadvertent. You may also want to get a new visa stamp. If the consulate says a new stamp is not necessary, explain how she fell out of status. You can send this info to the consulate by email and see what they say.

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B-2 Visa

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Answer:

Sure. B-2 is for casual visits. I suggest starting with the consular web site.

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Visitor Visa denials

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Answer:

Barring extraordinarily strong reasons or evidence to the contrary, it is very difficult to overcome denial of discretionary visas like B, F and J.

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B2 Visa

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Answer:

I have never heard of a "indefinite" visa. You should call the local US consulate in your country before you travel.

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B2 -- unlawful presence

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Answer:

Once you have accrued unlawful presence of over 180 days/one year, you become subject to 3/10 year bar from reentering USA. That is a very difficult position to be in. I suggest you speak with a lawyer about your situation. Read my blog for understanding more about unlawful presence.

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Effective date on I-94 for a visitors visa

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Answer:

The usual time is 6, not 7 months. That could be part of the problem. If CBP gave them more time than is usual, your parents must not be penalized for it. In my view, contacting your Congressmen would help you.

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May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

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Answer:

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)
An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time. Nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The alien may sell his or her residence and move all household effects to the U.S. The alien's expression of an unequivocal intent to return when the E status ends is normally sufficient, in the absence of specific indications of evidence that the alien's intent is to the contrary. If there are such objective indications, inquiry is justified to assess the applicant's true intent. As discussed in 9 FAM 41.54 N4, an applicant might be a beneficiary of an immigrant visa petition filed on his or her behalf. However, the alien might satisfy the consular officer that his and/or her intent is to depart the United States upon termination of status, and not stay in the United States to adjust status or otherwise remain in the United States regardless of legality of status.
So, are they saying they will apply the same standards as given in the note below? I THINK that is what they are saying, but this is not clear.

Quote:
9 FAM 41.54 N4 ISSUE OF TEMPORARINESS OF STAY

(CT:VISA-803; 04-27-2006)

L aliens are specifically excluded from the intending immigrant presumption of section 214(b) of the INA and are, furthermore, not required to have a residence abroad which they have no intention of abandoning. In addition, INA 214(h) provides the fact that an alien has sought permanent residence in the United States does not preclude him or her from obtaining an L nonimmigrant visa (NIV) or otherwise obtaining or maintaining that status. The alien may legitimately come to the United States as a nonimmigrant under the L classification and depart voluntarily at the end of his or her authorized stay, and, at the same time, lawfully seek to become a permanent resident of the United States. Consequently, the consular officer's evaluation of an applicant's eligibility for an L visa shall not focus on the issue of temporariness of stay or immigrant intent.
There exists in law something called the "doctrine of dual intent." This doctrine permits nonimmigrants to have immigrant intent. In other words, even though, you are coming to USA on a visa that is temporary, you may pursue your green card (exhibiting intent to live in USA permanently).

By law, L-1 and H-1 holders are PERMITTED by the doctrine of dual intent to have their green cards pending. This is beyond question. That your green card application is pending can never be a ground for denial of your H or L visa application (includes H-4 and L-2).

As I have noted above, E-1, E-2 visas have an unclear situation. It appears the consulates WILL permit them dual intent, but may not(???). They do NOT have the same level of protection as H and L visas but usually consulates will permit dual intent.

The following visa types have no such protection and their vise or entry into USA can be denied if they have a green card application application in process: B-1, B-2, F-1/F-2, J-1, J-2.

O-1 is allowed to have an immigrant intent (by regulations - though not by statute).
Pursuant to 8 CFR Section 214.2(O)(13)
(13) Effect of approval of a permanent labor certification or filing of a preference petition on O classification. The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 petition, a request to extend such a petition, or the alien's application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O-1 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.

TN is also not allowed dual intent, but are often not questioned on their green card pendency.

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Applying for green card while on a B-1 or B-2 visa

Detailed question:

Answer:

A1. There is nothing that stops you from applying for their green card. Note also that the same answer applies to children and spouse of a US citizens. But it does NOT apply to brothers/sisters.

There is just one issue. It is INAPPROPRIATE (may be even illegal) for a person to enter USA on a tourist or other similar visa if they have the intent to apply for a green card. BUT, if they enter USA without that intent, and after a few days of entry change their mind, that is perfectly appropriate and legal.

The tricky thing is, intent being a state of mind, can only be inferred from circumstances. If intent ever became an issue, INS may look at how soon after entering a green card was applied. Obviously, the more time has elapsed, the better the case is.

Once the I-130/I-485/I-131/I-765 package is properly filed with INS, your relatives can stay in USA without extending their status. Also, once Form I-131 (Advance Parole) is approved, they are free to leave USA and come back during the pendency of their application. Approximate processing times for these petitions are available on our web site at: http://www.immigration.com/node/1412/

A2. Maybe. If they already have a visitors visa stamp on their passport, they should be able to visit. Chances of INS (CBP) sending them back from the airport are probably small. But if they will be applying for a tourist visa (also known as visitors visa) now, they may be refused the visa by the US consulate because they have exhibited immigrant intent. In that case they will have to wait until they receive their green card approval.

A3. In terms of legal effect - they are both the same.

Consular processing is faster (as of May 2002 taking about 3-5 months to completion).

For persons outside USA, consular processing is the only option. Once the I-485/I-131/I-765 package is properly filed with INS, your relatives can stay in USA without extending their status. Also, once Form I-131 (Advance Parole) is approved, they are free to leave USA and come back during the pendency of their application. Approximate processing times for these petitions are available on our web site. See link in the question above.

A4. As I understand the law, they should be able to get their green card. You should talk with a lawyer.

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Visa after B-1 to F-1 conversion

Detailed question:

Answer:

Chances of getting an F-1 visa are remote. I would want you to reconsider the trip. The biggest problem here is, unless you declared to the consulate that you intended to convert from B to F status, they are likely to consider you to have misrepresented your true intention when you obtained/traveled on B visa.

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Entering on/applying for nonimmigrant visa while green card is pending

Detailed question:

Answer:

The answer is it is unlikely, but not impossible, that they will be permitted entry if CBP finds out about the I-130. If it were my own parents, I would probably not take the chance.

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New H-1 employee returning -- rights and issues

Detailed question:

Answer:

There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).

If the employee wishes to continue to stay for tourism, I think they should apply for B status. See this post: http://forums.immigration.com/blog.p...gcategoryid=36

As for returning in the future, that can be problematic because the govt. can questions whether there truly exists a job for him. If you have a truthful answer for that, return should be possible and can be done any time during the life of this H-1. Note also that you have no obligation to pay him while he is outside USA, but there is a general obligation to withdraw an H-1 if the worker leaves. SO, that makes this a gray area as well.

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Inviting parents to provide care during pregnancy or postnatal period

Detailed question:

Answer:

Q1. Should the mother take visa appointment for interview before her son arrives overseas to see her so she can tell interviewing officer that she wants to see her son in the States in addition to tourism purposes. This may make her case stronger as a mother wants to see her son.

A1.
I am never in favor of trying to manipulate consulates. This could be considered outright fraud. Let us not go this way. Tell the truth. But, do let the consulate know that she is coming as a grandma - not a care taker or a health care employee.
 

Q1. Should the mother take visa appointment for interview before her son arrives overseas to see her so she can tell interviewing officer that she wants to see her son in the States in addition to tourism purposes. This may make her case stronger as a mother wants to see her son.

A1.
I am never in favor of trying to manipulate consulates. This could be considered outright fraud. Let us not go this way. Tell the truth. But, do let the consulate know that she is coming as a grandma - not a care taker or a health care employee.

Q2. Should the couple get letter from their doctor stating the due date of the baby and requesting the embassy to allow the mother to visit US to take care of kids in the postnatal period etc.
A2. Yes, but only if there are some special health concerns.

Q3. Does it matter if at the time of her visa interview, the couple is already overseas? Then she can't claim that she wants to see her son in addition to tourism related activities.
A3. The truth.

Q4. Should the mother go for visa interview when the couple had returned back to US after seeing her overseas? Will the fact that the couple just visited the mother not a good thing for her visit visa application?
A4. If the reason is to visit her grandchild and hold him/her and be the loving moral support for the family, why should it matter.

Q5. If the main reason for visit is to provide care for the yet-to-born or new-born grandchild, what are mother's chances of getting visit visa?
A5. Consulates have a very twisted idea of what "care" is. They start thinking of it as a job and not a part of what a grandparent normally does. So tell the truth but make it clear.

Q6. What should the couple and the mother do in order to increase her chances of getting visit visa? What documentation/proof etc would be considered sufficient. Should they provide affidavits under oath that the visitor will return to her native country after her short stay in US?
A6. I do not know of anything that would improve chances.

 

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Can B visa holder convert to F or other status?

Detailed question:

Answer:

While it is permissible to change from one status to another from within U.S., it may not always be advisable.

Typically, when someone enters the U.S., supposedly for a short visit (e.g. B-1 or B-2) and then tries to change it to a longer term visa (F-1, L-1, H-1, etc.), USCIS often frowns upon it (and may not grant it), but the consulates invariably frown upon it. My recommendation in most of these cases is to avoid this type of change. If you have already obtained the change, it may be very difficult to procure a visa whenever you need to travel abroad.

While it is permissible to change from one status to another from within U.S., it may not always be advisable.

Typically, when someone enters the U.S., supposedly for a short visit (e.g. B-1 or B-2) and then tries to change it to a longer term visa (F-1, L-1, H-1, etc.), USCIS often frowns upon it (and may not grant it), but the consulates invariably frown upon it. My recommendation in most of these cases is to avoid this type of change. If you have already obtained the change, it may be very difficult to procure a visa whenever you need to travel abroad.

In April 2002, INS changed its regulations regarding B to F-1 or M-1 (students) status conversions for people who enter USA from then on. INS maintains that B to F-1/M -1conversions from within USA will be permitted only if at the time of entering the USA (for instance at the airport) the applicant expressly declares to INS his/her intent to change to F-1/M-1 status. AS A PRACTICAL MATTER, HOWEVER, CIS seems to have often given changes from B to F status ignoring its own regulations. But in these cases also, the visa problem from consulates will remain.

The better thing to do is to go back to your home country and try for a visa there. Chances of getting a second visa are better if you have done nothing to violate the terms of an earlier visa.

 

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B visa while GC pending or similar situation

Detailed question:

Answer:

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

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Using B visa with F-1

Detailed question:

Answer:

My assumption is that you are still on F-1 and in USA. If this is correct, you cannot use your B visa within USA.

While in USA, your stay and status is controlled exclusively by your I-94.

You can, however, try to reenter USA on B visa but after having stayed here for so long, a reentry is likely to be denied.

If, you are outside USA and have been out for a while (like a year or more), I think you can still use that B visa and try to enter USA.

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