Overview Visa Waiver Program Qualifying for a Visa Where Do I Apply for a
Visitor Visa? Required Documentation What are the Required Fees? Additional
Documentation Misrepresentation of a Material Facts, or
Fraud Visa Ineligibility/ Waiver Additional Information Documentation Needed -
When Seeking to Travel for Medical Treatment Visa
Denials Entering the U.S. - Port of Entry How Do I Extend My Stay? Further Inquiries
Overview
Generally, a citizen of a
foreign country who wishes to enter the United States must first obtain a visa,
either a nonimmigrant visa for temporary stay, or an immigrant visa for
permanent residence. The "visitor" visa is a nonimmigrant visa for persons
desiring to enter the United States temporarily for business (B-1) or for
pleasure or medical treatment (B-2). As examples, if the purpose for your
planned travel is to consult with business associates, travel for a scientific,
educational, professional or business convention, or conference on specific
dates, settle an estate, or negotiate a contract, then you would apply for a
visitors visa. As additional examples, if the purpose of your planned travel is
recreational in nature, including tourism, amusement, visits with friends or
relatives, rest, medical treatment, and activities of a fraternal, social, or
service nature, then you would apply for a vistors visa. The visa allows a
foreign citizen, to travel to the United States port-of entry and request
permission of the U.S. immigration inspector to enter the U.S.
- Changes introduced
shortly after September 11, 2001 involve extensive and ongoing review of visa
issuing practices as they relate to our national security. Visa applications are
now subject to a greater degree of scrutiny than in the past. So it is important
to apply for your visa well in advance of your travel departure date. Select Getting Your Visitors Visa –
Information You Need to Know to learn more.
- Foreign travelers who are
citizens from certain eligible countries, may also be able to visit the U.S.
without a visa on the Visa Waiver Program. Review the information below about
Visa Waiver.
- Persons planning to travel
to the U.S. for a different purpose such as students, temporary workers,
crewmen, journalists, etc., must apply for a different visa in the appropriate
category.
NOTE: Representatives of the foreign press, radio, film, journalists or
other information media, engaging in that vocation while in the U.S., require a
nonimmigrant Media (I) visa and cannot travel to the U.S. using a visitor visa
and cannot travel on the visa waiver program, seeking admission by the DHS
immigration inspector, at the U.S. at the port of entry.
The Department of State recommended first source of visa
information is this Visa Services internet site. Please review this information
carefully. For an additional visa overview, select the Department of State visa
portal site, UnitedStatesVisas.gov.
As explained below, it is also recommended that you review the Embassy Consular
internet site, for the country where you will be applying for your visa.
Visa Waiver Program
Travelers coming to the U.S.
for tourism or business for 90 days or less from qualified countries may be
eligible to visit the U.S. without a visa if they meet the visa waiver program
requirements. Select Visa
Waiver Program to learn more, and find out if you meet the visa waiver
requirements.
Currently, 27 countries
participate in the Visa Waiver Program, as shown below:
Visa
Waiver Program - Participating Countries
Andorra |
Iceland |
Norway |
Australia |
Ireland |
Portugal |
Austria |
Italy |
San Marino |
Belgium |
Japan |
Singapore |
Brunei |
Liechtenstein |
Slovenia |
Denmark |
Luxembourg |
Spain |
Finland |
Monaco |
Sweden |
France |
the Netherlands |
Switzerland |
Germany |
New Zealand |
United
Kingdom |
Qualifying for a
Visa
Applicants for visitor visas
must show that they qualify under provisions of the Immigration and Nationality
Act. Applicants must demonstrate that they are properly classifiable as visitors
under U.S. law. The presumption in the law is
that every visitor visa applicant is an intending immigrant. Therefore,
applicants for visitor visas must overcome this presumption by demonstrating
that:
- The purpose of their trip is to enter
the U.S. for business, pleasure, or medical treatment;
- That they plan to remain
for a specific, limited period;
- Evidence of funds to cover
expenses in the United States;
- Evidence of compelling
social and economic ties abroad; and
- That they have a residence
outside the U.S. as well as other binding ties which will insure their return
abroad at the end of the visit.
Where
Do I Apply for a Visitor Visa?
Applicants for visitor visas
should generally apply at the American Embassy or Consulate with jurisdiction
over their place of permanent residence. Although visa applicants may apply at
any U.S. consular office abroad, it may be more difficult to qualify for the
visa outside the country of permanent residence.
Required
Documentation
Each applicant for a visitor
visa must submit these forms and documentation, and submit fees as explained
below:
- An application,
Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156
must be the February 2003 date, either the electronic "e-form application" or
the non-electronic version. Select Nonimmigrant Visa Application Form
DS-156 to access both versions of the DS-156. You may also check with the
Embassy Consular Section where you will apply to determine if the hard-copy
DS-156 blank form is available, should you need it.
- A Supplemental Nonimmigrant
Visa Application , Form DS-157 provides additional information about your travel
plans. Submission of this completed form is
required for all male applicants between 16-45 years of age. It is also required
for all applicants from state sponsors of terrorism age 16 and over,
irrespective of gender, without exception. Seven countries are now designated as
state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, Iran,
Iraq, and Libya. Select
Special Processing Procedures to learn more. You should know that a consular
officer may require any nonimmigrant visa applicant to complete this form. Here
is Form, DS-157.
- A passport valid for travel
to the United States and with a validity date at least six months beyond the
applicant's intended period of stay in the United States. If more than one
person is included in the passport, each person desiring a visa must make an
application;
- One (1) 2x2 photograph. See
the required photo format explained in Nonimmigrant Photograph
Requirements.
What are the
Required Fees?
- Nonimmigrant visa
application processing fee - Each applicant for a visitor visa must pay a
nonrefundable US $100 nonimmigrant visa application processing fee.
- Visa issuance fee –
Additionally, if the visa is issued, there will be an additional visa issuance
reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out
if you must pay a visa issuance reciprocity fee and what the fee amount is. If
there is a fee for issuance for the visa, it is equal as nearly as possible to
the fee charged to United States citizens by the applicant's country of
nationality.
Additional
Documentation
It is important that you
refer to the Embassy Consular Section web site to determine visa processing
timeframes and instructions, learn about interview scheduling, and find out if
there are any additional documentation items required. Learn more by contacting
the Embassy Consular Section.
Applicants must demonstrate
that they are properly classifiable as visitors under U.S. law by:
- Evidence which shows the
purpose of the trip, intent to depart the United States, and arrangements made
to cover the costs of the trip may be provided. It is impossible to specify the
exact form the documentation should take since applicants' circumstances vary
greatly.
- Those applicants who do not
have sufficient funds to support themselves while in the U.S. must present
convincing evidence that an interested person will provide support.
- Depending on individual
circumstances, applicants may provide other documentation substantiating the
trip's purpose and specifying the nature of binding obligations, such as family
ties or employment, which would compel their return abroad.
Documentation Needed - When Seeking to Travel for Medical
Treatment
In addition to all of the documentation requirements
explained above, the following documentation is also required, for persons
seeking medical treatment in the U.S.:
- Persons desiring to travel
to the U.S. for medical treatment should be prepared to present the following,
in addition to any other documentation the consular officer may
require:
Medical diagnosis from a
local physician, explaining the nature of the ailment and the reason the
applicant requires treatment in the United States.
Letter from a physician or
medical facility in the United States, expressing a willingness to treat this
specific ailment and detailing the projected
length and cost of treatment (including doctors’ fees, hospitalization fees, and
all medical-related expenses).
Statement of financial
responsibility from the individuals or organization which will pay for the
patient’s transportation, medical and living expenses. The individuals
guaranteeing payment of these expenses must provide proof of ability to do so,
often in the form of bank or other statements of income/savings or certified
copies of income tax returns.
Persons traveling to the
U.S. for medical treatment should have a statement from a doctor or institution
concerning proposed medical treatment.
Misrepresentation of a Material Facts, or Fraud
Attempting to obtain a visa
by the willful misrepresentation of a material fact, or fraud, may result in the
permanent refusal of a visa or denial of entry into the United States. Classes of Aliens Ineligible to Receive
Visas provides important information about ineligibilities.
Visa
Ineligibility/ Waiver
The Nonimmigrant Visa
Application, Form DS-156 list classes of persons who are ineligible under U.S.
law to receive visas. 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. Classes of Aliens Ineligible to Receive
Visas provides important information about ineligibilities, by reviewing
sections of the law taken from the immigration and Nationality Act.
Additional Information
Visitors are not permitted
to accept employment during their stay in the U.S.
Unless previously canceled,
a visa is valid until its expiration date. Therefore, if the traveler has a
valid U.S. visitor visa in an expired passport, he or she may use it along with
a new valid passport for travel and admission to the United States.
Visa Denials
If the consular officer
should find it necessary to deny the issuance of a visitor visa, the applicant
may apply again if there is new evidence to overcome the basis for the refusal.
For additional information, select Denials to learn more. In the absence of
new evidence, consular officers are not obliged to re-examine such cases.
Entering the U.S. - Port of Entry
Applicants should be aware
that a visa does not guarantee entry into the United States. The visa allows a
foreign citizen coming from abroad, to travel to the United States port-of entry
and request permission to enter the U.S. The Department of Homeland Security’s,
Bureau of Transportation Security has authority to permit or deny admission to
the United States. Also, the period for which the bearer of a visitor visa is
authorized to remain in the U.S. is determined by a U.S. immigration officer of
the Bureau of Transportation Security, not the consular officer. At the port of
entry (an international airport, seaport or land border crossing), a Bureau of
Transportation Security, a U.S. immigration official must determine whether you
can enter and how long you can stay here, on any particular visit. If you are
allowed to enter, the U.S. immigration official authorize the traveler's
admission to the U.S. At that time, Form I-94, Record of Arrival-Departure,
which notes the length of stay permitted, is validated by the immigration
official. To find out more detailed information about admissions and entry in
the U.S., select Admissions / Entry to visit the
Department of Homeland Security’s, Bureau of Citizenship and Immigration
Services internet site.
How
Do I Extend My Stay?
Those visitors who wish to
stay beyond the time indicated on their Form I-94 must contact the Department of
Homeland Security’s Bureau of Citizenship and Immigration Services to request an
application to extend status. The decision to grant or deny a request for
extension of stay is made solely by the Bureau of Citizenship and Immigration
Services. Learn more about Extension of Stay. To
visit the Department of Homeland Security’s, Bureau of Citizenship and
Immigration Services internet site to find out more detailed information, select
How Do I Extend My Stay in the United States?
Further Visa
Inquiries
- Questions
on visa application procedures and visa ineligibilities should be made to the
American consular office abroad by the applicant. Before submitting your
inquiry, we request that you carefully review this web site and also the Embassy
Consular web site abroad. Very often you will find the information you
need.
- If your
inquiry concerns a visa case in progress overseas, you should first contact the
U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you
can choose the Embassy or Consulate Internet site you need to
contact.
Return to Visa Services Page
Return
to Consular Services Page
February
2004 |