Law & Legal & Attorney Immigration Law

Rules For a Visitor Visa

    Application and Issuance

    • All visitor visas must be applied for in person at a U.S. consulate general. All DS-160 non-immigrant visa application forms must be completed online prior to the interview and printed for verification. The applicant must have all forms, visa photos, original passport with six months remaining validity, any evidence that proves the intent of your trip such as travel reservations and letters of invitation from friends or family, and proof of financial ability to support yourself while in the United States. It is up to the judgment of consular officer interviewing the applicant to deny the visa based on lack of any of the above items.

      Further rules of issuance concern ineligibility of applicants and include those who have been identified as terrorists, previously deported or banned from the United States or detected as committing fraud or misrepresentation of facts on any part of their application or in interview.

    Port of Entry

    • The nature of a visitor visa is that of a ticket to a port of entry in the United States; it does not guarantee entry into the country without further approval by the Department of Homeland Security and U.S. Customs and Border Protection (CBP). It is possible for a CBP agent to deny entry to any individual they view as legally ineligible to enter the United States. Furthermore, it is up to the CBP agents to decide how long to permit you remain in the United States. This information is stamped in your passport as your I-94 document, which states the exact date upon which you must depart the country.

    Behavior

    • While in the United States, those holding visitor visas are expected and required to comply with all U.S. laws. Failure to do so can result in criminal penalties as well as a permanent ban from re-entering the country. Offenses include criminal activity, helping to smuggle illegal immigrants over the border and drug trafficking, dealing or using. Foreign visitors to the United States must also observe the law of legal drinking, which rests at 21 years of age.

    Work and Study

    • Visitors to the U.S. are not permitted to obtain employment of any form. Similarly, visitor visa holders are not permitted to attend schooling in any subject that exceeds 18 hours of class attendance per week. Those interested in work or study in the United States must obtain either a work or student visa before entering the country.

    Out of Status

    • Perhaps the most serious rule concerning a visitor visa is that of exceeding the expiration date stamped in your I-94 in your passport. Exceeding the date of visa validity is a serious offense; once your visa expires, you are considered out of status and therefore are illegally present in the United States. Consequences for being out of status on a visitor visa include immediate termination of the visa (no further use, even if it is a multiple-entry visa) and possible ineligibility for further visas. If the alien is out of status in the United States for a period of 180 days to one year, he is automatically banned from re-entering the United States for three years. If the alien is out of status for more than a year, the banishment is extended to 10 years.

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