Overview of the Tourist Visa
The B-2 visa is for individuals who wish to visit the United States temporarily or to visit family or friends. Under the current law, a B-2 visa is appropriate for:
The B-2 visa is most commonly used for tourists who visit the U.S. to travel or have a vacation. This is also referred to as the visa for a pleasure trip to the U.S. The B-2 visa allows foreign nationals to visit friends and relatives in the U.S. In addition people who need to receive medical treatment in the U.S. may travel under this visa classification. In general, there are additional documentation requirements when seeking medical treatment in the U.S. when applying for a B-2 visa under present immigration laws.
While in essence a non-immigrant classification, the B-2 visa also allows foreign nationals to travel to the U.S. to marry a U.S. citizen or a permanent resident (green card holder). This is not the K-1 or the K-3 visa case. In B-2 cases when the alien seeks entry to the U.S. to marry a U.S. Citizen, the case must be presented to the consular officer in such was as to avoid any doubt that the alien may remain in the U.S. after the marriage has taken place. The fact that there might be an ultimate intent to immigrate to the U.S. permanently is essentially irrelevant during the application process; however, present intent to depart after the marriage has taken place must be established at the B-2 visa application.
Further, amateur athletes, performers, other professionals and musicians that travel to the U.S. to participate in their respective activities in the U.S. are allowed to apply for this classification as well, however, the B-2 visa may not granted to those applicants that shall be remunerated for their respective activities in the U.S. As such, in cases where there will be compensation or other remuneration, a work based non-immigrant visa shall be required whether under P, O, L, H or other classifications.
The immigration laws allow for a number of other situations where the alien may apply for a B-2 visa. These may include attending conventions of various social organizations; visiting dependent of alien members of the U.S. armed forces who are temporarily assigned duty in the U.S.; dependents of crewmembers or B-1 visa holders solely to accompany the principal B-1 holders,
Dependents of certain non-immigrant visa holders, unlike the P, O, L, H or other classifications, to whom no derivative status is available, can also apply under the B-2 visa classification. In addition, when a non-immigrant seeks to enter the U.S. and later change his or her status to a different classification, may apply for a B-2 visa however, the intent to change status must be disclosed to the consular officer if existing at the time of application so that the officer may evaluate the circumstances of the alien before granting the status.
Atty. Galstyan, an experienced immigration attorney, prepares the entire package necessary for you to take to your interview. During our initial case review, we will first get all the facts, determine what the most effective way to present your case to the consular officer would be and as such prepare a case for you to take to your interview. Please contact us for your FREE, no obligation case review with Mr. Galstyan, an experienced immigration attorney.