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06 Nov 2024

Years ago, when I applied for an H1B visa stamp, I was assisted by a consultant who told me to submit a fake diploma to better meet the visa requirements. As a result, my visa was denied due to misrepresentation. The consular officer explained that it is a permanent inadmissibility ban unless it is waived. I am a citizen of Canada now and I would like to come to the U.S. for a conference. How do I apply for a nonimmigrant waiver?

Answer Ordinarily, a foreign national who is found inadmissible should apply for a nonimmigrant waiver when applying for a visa "stamp" at the consulate. Canadian citizens, however, are generally visa exempt. So, you likely can apply for your nonimmigrant waiver through U.S. Customs and Border Protection...

06:39 / Consulates / FAQs / For Individuals / Homeland Security / Visitor
26 Jun 2024

I am a U.S. citizen. My mother entered on her tourist visa a few months ago. She was planning on returning home, but I’m trying to convince her to stay in the U.S. If she agrees, can I sponsor her for a green card now? Or would she have to go back to India for me to sponsor her?

Answer A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green card...

12:24 / B-1 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
19 Jun 2024

I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?

Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:28 / B-1 / B-2 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
06 Mar 2024

My employer has asked me to travel to the U.S. on my B-1 visa to meet with a client. The client has provided me with an invitation letter. Is it necessary to get the letter notarized?

Answer Ordinarily, there is no requirement that an invitation letter be presented at all when requesting admission on a B-1 visa. However, they can be useful to present as evidence of the purpose of one’s visit. If such a letter is presented, there normally is no...

06:44 / FAQs / For Individuals / Travel / Visitor
28 Dec 2023

I was laid off from my H1B position, and during my grace period, I applied for a change to B-2 status. That application is still pending. I now have to travel back to India for few weeks for personal reasons. I just found a company willing to sponsor me for a new H1B position. I asked the company to file the petition for consular processing, as I have a valid H1B visa stamp from my previous employer. The new employer told me that I would need to get another visa stamp because I overstayed, and therefore my existing stamp is invalid. Is that correct, or did my change of status application protect me from overstaying?

Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...

07:44 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
15 Nov 2023

I was issued a B-1/B-2 visa several years ago, when I needed to come for a business trip. The visa was issued for 10 years. I now wish to come to the U.S. to attend a wedding. Can I use the same visa, or do I need to reapply?

Answer Generally speaking, as long as the B-1/B-2 visa remains valid, it may be used to request admission for any valid B-1 or B-2 purpose. This applies even if the reason for admission is unrelated to the reason the visa was initially requested. And, in general,...

18:34 / FAQs / For Individuals / Travel / Visitor
19 Oct 2023

My mother is visiting on her B-2 visa and recently applied for an extension. If the receipt notice does not arrive before her I-94 expires, does she need to leave the U.S.?

Answer In order to remain in the United States in a period of authorized stay, the B-2 visitor must file the application to extend or change status prior to the expiration date of her current I-94. There is no requirement that the receipt notice be issued...

08:33 / FAQs / For Families / For Individuals / Visitor
05 Oct 2023

After being laid off, I filed an application to change status to B-1. I recently received an RFE asking for evidence that I have the financial means to support myself. I have about $40,000 in my savings account. Is that sufficient? Is there a set dollar figure required?

Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...

08:32 / FAQs / For Individuals / Visitor / Worker
21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

07:31 / Employment Based / Family Based / FAQs / For Individuals / Resident / Student / Visitor / Worker