Applying for a US Non-Immigrant Visitor Visa

A resident of a foreign country can visit the United States by obtaining a non-immigrant visa, whether he or she intends to visit for business or pleasure.  A business visitor may wish to enter the United States in order to conduct business, obtain medical care, and/or to accompany a family member to obtain medical care. 

Likewise, a visitor for pleasure can include a person who wishes to vacation in the United States, or who is traveling to visit friends or family in the United States.  There are also some types of immigrants who can travel to the United States on a temporary basis without a visa.

Visitor Application Forms and Documents

There are a number of visitor forms and documents that you must complete in order to visit the United States on a temporary basis:

• DS-160 – Nonimmigrant Visa Electronic Application – This is a new nonimmigrant visa application form that is being phased in during the year 2010, and is the first form that you must complete in order to visit the U.S. on a temporary basis.
• Nonimmigrant Visa – This is the document that indicates your eligibility to seek entry to the U.S. on a temporary basis.
• Form I-94 – Record of Arrival-Departure – You obtain this form at the port of entry into the United States, when you are approved to enter the United States, which lists your arrival and departure dates.
• Form I-539 – Application to Extend/Change Nonimmigrant Status – You file this form with U.S. Citizenship and Immigration Services if you wish to remain in the United States beyond the departure date stated on your Form I-94, for any reason.

Eligibility for Application

Generally, in order to eligible to be a temporary visitor to the United States, you must meet certain qualifications:

• You must intend to visit the United States only temporarily.
• You will depart the United States at the end of your permitted stay.
• You possess a valid passport.
• You have a foreign residence to which you intend to return.
• You can financially support yourself while in the United States.
• You are either admissible to the United States, or you have obtained a waiver of inadmissibility.

Timeline of Application Process

The processing time for a nonimmigrant visa application may vary depending on the U.S. Embassy or Consulate in your country of origin.  Once you complete the nonimmigrant visa application, and submit it to the appropriate Embassy or Consulate, you can expect your application to undergo administrative processing for about sixty (60) days. 

You will also need to have an interview appointment with an Embassy or Consulate official scheduled in order to submit your application, which can take some time, as well as wait for the issuance and delivery of your actual visa once the Consular Officer has decided to issue your visa.  Therefore, all authorities advise that you should apply for a nonimmigrant visa well in advance of your intended travel dates. 

When to Talk to an Attorney

If you are having difficulty obtaining a nonimmigrant visa that will allow you to temporarily visit the United States, you may wish to contact an immigration lawyer, who can advise you of your eligibility to enter the United States without a visa, as well as help you through the nonimmigrant visa process.