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The Immigrant And Non-Immigrant Visa Requirements


WHAT KIND OF VISA DO YOU REQUIRE TO COME TO THE UNITED STATES?

When it comes to immigrating or visiting the United States, the process can be complicated and the consequences of taking the incorrect route dire. This is why many people choose to work with an immigration and visa lawyer to ensure they are taking the correct route for legal immigration as well as legally visiting the United States for business and pleasure. Working with an experienced attorney can improve your chances for a positive outcome for their application.

How to Apply for an Immigration Visa

When it comes to gaining admission to the United States as an immigrant, there are two paths that you can take. You'll need to consider your personal circumstances before determining which path is right for you, taking into account factors such as where you are residing when you make your application.

If You Are Living Abroad

  • If you are living abroad at the time you make your application, you'll need to apply for an immigrant visa at a consular office of the Department of State. The consular office will consider your application, and if they approve it, they will issue your visa so you may enter the United States and become a legal immigrant when you pass through the port of entry.

If You Already Live in the United States

  • If you already live in the United States as an undocumented immigrant, temporary worker, foreign student, or refugee, you will need to file an application for adjustment of status (to legal permanent residence) with the Bureau of U.S. Citizenship and Immigration Services (USCIS). Some visas require you to leave the country and apply from your country of origin, though there may be programs and waivers available to you that can help you remain in the country while you proceed with your application. You may want to consult an immigration lawyer about your specific circumstances and see what they recommend.

Which Visas Is Right For Your Visit to the U.S.A?

Whether you want to come to the United States for pleasure, business, as a student, or to settle here permanently, there are many kinds of visas available. The most important thing you can do is choose the visas that's right for your circumstances based on the reason for your visit and how long you intend to stay. Not doing so could end up causing you problems after you enter the United States, including being denied entry on your next visit or being deported for overstaying your current visa. The problems you encounter when you don't go through the proper procedure for a visa can have unforeseen consequences that impact you and your family for years to come, so it's important that you go through the process in the correct and legal manner.

Do You Know About the Visa Waiver Program?

Citizens from certain countries do not need an immigration visa to enter the United States. The Visa Waiver Program (VWP) enables foreign nationals (mostly from developed countries) to visit the United States for up to 90-days visa-free as long as certain conditions exist. This makes it much easier for citizens of these countries to visit the United States since they will not need to apply for a visa beforehand.

For example, if an individual is staying in the U.S. for 90 days or less, traveling for business, pleasure or transit only, holding a return or onward ticket, and/or is in possession of a compliant passport that is not inadmissible to the United States, they may participate in the Visa Waiver Program and will not have to apply for a visa before they enter the United States. VWP travelers may complete their Electronic System for Travel Authorization (ESTA) prior to traveling. For more information on ESTA and to request this waiver, you can visit the United States government page here.

There are 35 countries whose citizens are now eligible for Visa Waiver travel. These include: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Working With an Immigration Attorney May Help You Get a Positive Outcome to Your Application

If your country of origin isn't eligible for the Visa Waiver Program, then you'll need to apply for a visa before you come to the United States. Whether you are applying for a visa to enter the United States, you are in the United States and need advice on the steps to be taken in order to avoid an overstay, or you have overstayed and are uncertain of your immigrant rights, it is important that you consult with a reliable attorney. An experienced immigration attorney can help you determine which visa is right for you and take you through the application process step-by-step. This can help you avoid potential pitfalls that could result in your application being denied and help you get a positive outcome to your case sooner.

We believe that our clients deserve our commitment, and we strive to provide each with high quality, ethical immigration advice at a reasonable price. Our experienced immigration lawyers in New York City (718) 324-0404 and Poughkeepsie (845) 849-9201 are available to assist you in resolving your immigration problem. Speak to one of our immigration lawyers under strict confidentiality and learn more about your options when it comes to visas and immigration to the United States. Get in touch with us by filing out the contact form on this page and a member of our team will contact you right away to arrange for your free consutlation.

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