Visiting the U.S.

Are you interested in visiting the U.S.? Our firm can help determine the right visa for you, and guide you through the application process.

For many people, immigration is not a permanent desire. Instead, they are simply looking to visit temporarily. This can be for many reasons. For some people, the visit may have ties in the business world with the visas needed to explore business and investment purposes. Other people may simply be touring the country for the simple pleasure of it. This may be to take in the country, learn the cultural or even partake in the many enriching educational purposes that can be sought throughout the U.S.

At Pozo Goldstein, LLP, we know how tricky it can be to try and get the paperwork in order to meet all necessary deadlines and get your traveling arrangements in order. By working with a New York immigration attorney at our firm, you can be confident knowing that you will have an experienced lawyer on your side who is prepared to go above and beyond in their efforts to helping you seek the correct visa, get all of your documents filed and get you all prepared for your international visit.

Temporary Visitors – Find the Visa Right for You

There are countless visas that can be sought depending on the exact circumstance that you find yourself in. For example, there is a visa for representatives of foreign media, for students and even for intracompany transferees who are switching offices within the company to take on new roles or even to help expand the company. There are, however, two main categories, which will be explained below:

Visa for Business

If you are travelling to the United States for business purposes (ex: discussing future plans with an associate, attending a convention or dealing with the specifics of a contract), then you will need to seek what is known as a B-1 business visitor visa. There are many different visas that can fall under this category, including athletes attending games, lecturers, as well as researchers.

Visa for Tourism, Pleasure & Medical Treatment

In more cases, visitors will be coming into the U.S. for strictly tourist reasons or for their own pleasure. This could be to visit family members, enjoy our plentiful recreational activities, vacation or to participate in non-competitive musical or sport events with no payment involved. In some cases, the trip may be for medical treatment, whereas you need to seek medical attention that can only be achieved in the U.S.

Visitors who are currently in the U.S. but are nearing the end of their stay (as defined by the amount of time allotted to them in their visa) may be able to extend their time in the country. The Form I-539, Application to extend / Change Nonimmigrant Status is offered to immigrants who meet certain requirements. As long as the proper requirements are fulfilled and the form is filed with the USCIS before the specified authorized stay expires, an extension for stay in the U.S. can be made.

Western Hemisphere Travel Initiative

The Western Hemisphere Travel Initiative (WHTI) legally requires all citizens of the United States, Canada, Mexico, and Bermuda (essentially, all citizens of the Western Hemisphere) to carry a passport when entering or departing the U.S. If a valid passport is not available, citizens from these countries can present another form of acceptable documentation that establishes the holder’s identity and nationality.

As defined by the U.S. Department of State and the U.S. Department of Homeland Security, the purpose of the WHTI is to strengthen border security while simultaneously facilitating entry into the U.S. (for citizens of the country as well as foreign visitors). The requirements initiated on behalf of the WHTI stem from recommendations that were made by the 9/11 Commission. They were officially passed into law in 2004 under the Intelligence Reform and Terrorism Prevention Act.

A very limited group of travelers will be permitted to re-enter the U.S. without a passport. These individuals include military members and specific groups of supervised children. If you wish to travel to the U.S. as a foreign national – whether or not you have previously visited the country – it is important to ensure that you have a valid passport when doing so. Without the proper documentation, your attempts to enter the U.S. could be denied.

How to Qualify for a Visitor Visa

Under the Immigration and Nationality Act, there are very specific guidelines that must be met by all visitors who are looking to enter into the United States for the purpose of a temporary visit. This includes the purpose of their trip – which must be proven to be strictly for their business, pleasure or medical treatment.

Other things that must be proven:

• The trip is for a specific and finite time period;
• The visitor has the funds to cover themselves during the visit;
• There are ties abroad that would require them to return home; and
• The visitor maintains a residence in their home country or abroad

If you meet all requirements, we encourage you to get the involvement of our firm so that we can help you to apply for your visitor visa at a U.S. Embassy or Consulate near you. This is typically easiest when applied for at your place of residence instead of an office in a foreign country; however, it is up to you where you choose to apply.

Our firm can help ensure that all of your paperwork is filed correctly. We are committed to remaining by your side from start to finish of any process that you undertake, so don’t wait to speak with an immigration lawyer from our firm today. With our help, you could be well on your way to securing a visit to the U.S.

Contact a New York City immigration lawyer at Pozo Goldstein, LLP to learn more.

• Extend Your Stay in the U.S.
• Visa Waiver Program