Orlando Nonimmigrant Visa Attorneys

Types of Nonimmigrant Visas

There are several types of nonimmigrant visas available, depending on your purpose of travel to the U.S. Here's an overview:

• Student Visas (F-1, M-1): For individuals wishing to study in the U.S. F-1 is for academic studies, while M-1 is for vocational programs.
• Tourist and Visitor Visas (B-1/B-2): For short-term travel for business (B-1) or pleasure (B-2).
• Work Visas (H-1B, L-1, O-1, P-1): For professionals (H-1B), intra-company transferees (L-1), individuals with extraordinary abilities (O-1), or athletes/artists (P-1).
• Investor Visas (E-2): For individuals investing a substantial amount in a U.S. business.
• Exchange Visitor Visas (J-1): For individuals participating in exchange programs, including interns, researchers, and scholars.
• Fiancé Visas (K-1): For foreign nationals who are engaged to U.S. citizens and wish to marry in the U.S.
• Temporary Worker Visas (H-2A, H-2B): For temporary agricultural (H-2A) or non-agricultural (H-2B) workers.

Eligibility Requirements for Nonimmigrant Visas

To be eligible for a nonimmigrant visa, applicants generally need to meet certain criteria:

• General Eligibility: You must demonstrate that you plan to stay in the U.S. temporarily and that you will return to your home country after your visit.
• Impacting Factors: Criminal history, prior visa violations, and inconsistencies in your application can affect your chances of approval.
• Proof of Ties to Home Country: You will need to show evidence of ties such as family, property, or a job that would compel you to return.

Visa Application Process

The process of applying for a nonimmigrant visa typically involves:

• Step-by-Step Guide: Complete the DS-160 form and pay the application fee.
• Required Documentation: Depending on the visa type, you may need forms like I-20 (for students), a job offer letter (for workers), or proof of financial support.
• Visa Interview: You will likely need to attend an interview at the U.S. embassy or consulate.
• Common Mistakes: Be sure to provide accurate information and all required documents. Incomplete or false information can result in delays or denials.

Visa Denials and Appeals

If your visa is denied, there are options available:

• Reasons for Denials: Common reasons include insufficient ties to your home country or incomplete documentation.
• Appeals and Reapplication: You may be able to appeal the decision or reapply, depending on the reason for denial.
• Legal Assistance: An immigration attorney can help you understand the reason for the denial and guide you through the appeal process.

Visa Extensions and Change of Status

If you need to extend your stay or change your visa status, you should know:

• Extensions: You may apply to extend your nonimmigrant visa before it expires.
• Changing Status: If you wish to switch to another visa type (e.g., student to worker), you must file the appropriate forms.
• Deadlines and Paperwork: Be aware of filing deadlines and ensure that all required documentation is submitted on time.

Frequently Asked Questions (FAQs)

• How long does it take to process a nonimmigrant visa?
  The processing time for a nonimmigrant visa varies depending on the type of visa and your country of residence. It typically ranges from a few weeks to several months. Be sure to apply well in advance of your intended travel date.
• Can I apply for a nonimmigrant visa if I have a criminal record?
  Having a criminal record can complicate your visa application, but it does not automatically disqualify you. Each case is assessed individually, and you may need to submit additional documentation or apply for a waiver of inadmissibility.
• Can I travel with a nonimmigrant visa if my passport expires soon?
  Your passport must be valid for at least six months beyond your intended stay in the U.S. If your passport is set to expire, you may need to renew it before applying for a visa or traveling.
• Do I need a U.S. sponsor for a nonimmigrant visa?
  For certain visa types, like work visas or student visas, you will need a U.S. sponsor. This could be an employer, educational institution, or family member, depending on the visa category.
• What happens if I overstay my nonimmigrant visa?
  Overstaying your visa can result in serious consequences, including being barred from re-entering the U.S. for a period of time. If you overstay, it’s crucial to seek legal advice on how to address the situation.
• Can my family members come with me on a nonimmigrant visa?
  In many cases, family members (spouses and children) can accompany you on a dependent visa. For example, spouses and children of H-1B visa holders can apply for an H-4 visa.
• Can I work while on a nonimmigrant visa?
  It depends on the type of visa you have. For example, holders of H-1B visas are allowed to work for their sponsoring employer, while B-2 tourist visa holders are not permitted to work in the U.S.
• What happens if my nonimmigrant visa application is denied?
  If your application is denied, you will be given the reason for the denial. In some cases, you may be able to appeal the decision or reapply, but it’s important to address the issue that led to the denial.
• Can I study in the U.S. on a tourist visa?
  No, you cannot study full-time in the U.S. on a B-1/B-2 tourist visa. If you wish to study, you will need to apply for a student visa (F-1 or M-1), depending on your program.

Our Nonimmigrant Visa Service Areas