Obtaining a VISA in the United States can often be a difficult task. New Jersey Non-Immigrant Visa Lawyer Susan Scheer has over 25 years of experience handling all types of immigration issues. If you want a Morristown immigration attorney that will be dedicated to you, please call our office today.
In the United States, a non-immigrant visa is required for anyone who wishes to stay in the country on a temporary basis, including for work, tourism and medical reasons. Non-immigrant visas do not grant you permanent residency in the country, nor does it give you the right to vote or acquire a new job, but it does grant you a temporary stay in the United States. However, while the process can be simple for some, there are many complications that can arise with your non-immigrant visas. At The Scheer Immigration Law Group, our New Jersey Non-Immigrant Visa Lawyer can handle any visa issue that arises.
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The regulations pertaining to non-immigrant visas are strict, and the United States is careful to only grant them to individuals and families who fall within the guidelines. To ensure that you receive a visa, you must be visiting the United States for one of the following reasons:
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Each reason for visiting the United States has its own visa code, and we advise you on which specific visa best fits your situation. We guide you through the entire process, including applications, extensions and any trouble that arises during your stay.
People traveling in the United States on non-immigrant visas must always have the following items on them at all times:
Depending on the type of visa you receive, the expiration date can be anywhere from 90 days to ten years, while student visas usually expire once you are no longer enrolled in the school or university you came to the United States to attend. At The Scheer Immigration Law Group, we help you understand the details of your visa so you can avoid any legal trouble while you are visiting.
>> Can I apply for a visa while still in my home county?
Consular processing allows foreign nationals to apply for visas while still in their home country. This is best handled with an experienced immigration lawyer in the U.S., working closely with a liaison (usually a family member or employer) already in the country.
Submitting a petition via consular processing presents its own challenges because we are no longer dealing with United States Customs and Immigration Services. Instead, we are working with the Department of State. Access to files can be limited and backlogs are common. Nevertheless, an attorney can ensure that the government has the requisite information to process your petition without unnecessary delays.
>> How can I obtain a student visa?
If you wish to study in the United States but are not a citizen, you can obtain a student visa that will allow you to pursue an education in the country legally. This visa does not grant you permanent residency, but it can lead to eventual citizenship down the road if you request a status change. Student visas are generally granted to individuals studying at a college or university and will not expire until his or her time as a student is up. Once you have been accepted to a school that has been approved by the Student Exchange and Visitor Program, you can come to an experienced U.S. immigration attorney for help with the process. It will help to have a liaison who is already here in the country, usually a school official or family member. An interview will also be mandatory for applicants between 14 and 79.
>> What is the difference between a Visa Waiver and a B Tourist visa?
The best way to enter the U.S. depends on what you plan to do here, and on how long you want to stay.
Visa Waiver
Currently about 40 countries in the world participate in the Visa Waiver program. This allows tourists to come to the U.S. with nothing more than a passport and a round-trip ticket, without visiting the Embassy to apply for a visa. These last 90 days and cannot be extended or converted into a different type of visa. The only exception would be if you married a U.S. citizen during those 90 days. You might, then, be able to stay and interview for a green card.
B Tourist Visa
If you know you want to stay in the U.S. longer than 90 days, you will need a B visa. To obtain a B-1 (business) or B-2 (tourist) Visa, you need to go to the U.S. Embassy in your home country and apply, submitting your “plan” – no matter if your intent is to celebrate a holiday or family occasion, travel across the country, etc. You also need to prove temporary, rather than permanent intent to travel to the U.S., and prove that you have permanent ties in your home country. This can be difficult for the young or the elderly, who might not have a job or many family members in their home country. However, once in the U.S., you can seek an I-94 authorization to stay in the U.S. for up to six months. Also, if you have a B visa you can attempt to convert it to an H-1 professional visa or F-1 student visa.
>> I’ve been the victim of domestic abuse. Can I apply for a U visa?
USCIS reserves U visas (10,000 per year) for victims of crime, especially violent crime. Many applicants have suffered domestic abuse, kidnapping, prostitution, involuntary servitude, labor fraud, or sexual assault. If you have been a victim you may apply for a U visa, on the condition that you work with law enforcement by completing a I-918 form, usually available at your police department.
Because the U visa is reserved for victims, it depends on documentation from the police. This means that if you’ve been a victim, you must have contacted the police. Without documentation of the crime, the police will not sign off on your I-918 form.
Police may refuse to sign the I-918 form. This is entirely at their discretion. You may have other options, though. If your case has traveled through the courts, a prosecutor or judge may sign your form. If you’re not sure how to get a completed I-918 form, an immigration lawyer may have the expertise and the resources to help you.
The U visa comes with a work permit valid for three years. With a work permit you may obtain a Social Security Number and a driver’s license. After three years you may apply for an adjustment of status, which could lead to a green card.
Call our New Jersey Non-Immigrant Visa Lawyer today at (973) 532-5330 or contact us online to schedule a consultation regarding your non-immigrant visa situation. Our firm represents individuals, families and employers in Morris, Essex and Sussex counties, and our entire staff is bilingual.
“Simply the best immigration attorney there is period. I will be forever grateful for everything she did for me when I went through the immigration process . From start to finish a consummate professional in every sense of the word.i have recommended Susan to everyone that has had to go through any immigration matter.”
– Sparky Lyle
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