Of the more than 20 million non-immigrants admitted annually to the US, more than three fourths come as tourists. The appropriate visa category for a tourist is the B-2 visa (the B-2 actually covers tourists, visits to relatives or friends, visits for health reasons, participation in conferences, prospective F-1 students, participation in incidental or short courses of study and participation in amateur arts and entertainment events).
The process for obtaining the B-2 visa can be quite simple or very difficult depending on the national origin of the applicant, the age and marital status of the applicant, and the applicant’s ties to the US and his/her home country.
Tourists are normally given a six month visa which can be extended in some circumstances for an additional six months. Unlike most other nonimmigrant visas, application is made at a US consulate and no INS approval is necessary. Also, the applicant’s spouse and children must independently qualify for the B-2.
In order to qualify for a tourist visa, an individual must meet five broad requirements necessary to show nonimmigrant intent:
- The alien is coming to the US for a specific period of time.
- The alien will not be engaging in work and will be engage solely in legitimate activities relating to pleasure.
- The alien will maintains a residence which he or she has no intention of abandoning during the period of the alien’s stay in the US.
For a tourist to show nonimmigrant intent and demonstrate compliance with the above tests, the key issues are financial arrangements for the trip, specificity of trip plans, ties to the alien’s home country and ties to the US.
More specifically, consular officers are instructed to consider the following factors:
- whether the arrangements for defraying expenses during the visit and return passage are adequate to obviate the need for obtaining employment in order to provide the funds to return home;
- if relatives or friends are sponsoring, whether the ties between the alien and the supporter are compelling enough to make the offer credible;
- whether the alien has specific and realistic plans for the visit (not just vague and uncertain intentions) for the entire period of the contemplated visit.
- the period of time planned for the visit is consistent with the purpose of the trip and the alien has established with reasonable certainty that departure from the US will take place when the visit is over.
- the applicant’s proposed length of stay is consistent with the timeframe limitation offered by the hosting relative or friend (an alien’s stated intention to remain in the US for the maximum period allowable by US authorities will be looked upon negatively);
- whether the applicant can show reasonably good and permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations which indicate a strong inducement to return abroad;
- whether the alien has adequate means to support a spouse or children while in the US when the applicant is the family’s main wage earner (if the alien requests an extension of stay, he/she will be requested to show the reason for the lengthy family separation and evidence of the employer’s awareness of a contemplated extended absence from work)
The applicant should present the OF156 Nonimmigrant Visa Application, passport, photos, the application fee (if applicable) and supporting documentation.
With respect to financial arrangements, the alien should possess the following:
- a round-trip plane ticket and evidence of sufficient funds to cover the duration and purpose of the trip and
- if the alien appears only marginally able to pay for the trip, an affidavit of support on INS Form I-134 from the person who the alien is visiting in the US should be provided.
With regard to specificity of the trip arrangements, the alien should show such items as confirmed hotel reservations, car rentals, internal travel arrangements such as domestic flights or tourist packages, and/or a letter of invitation from a US source.
With respect to ties abroad, the alien must demonstrate steady employment, substantial business or property interests abroad and close family ties. A lease on or ownership of real property is helpful as well. These items are particularly important if the alien has close ties with the US such as close family members here. The scrutiny in this category is particularly tight for persons from “high-risk” countries – aliens from countries with a high rate of visa refusal and a low rate of compliance – who are single, young and well educated.
Nationals of some countries are allowed to participate in the Visa Waiver Pilot Program, which allows visits for up to 90 days without having to obtain the B-2 visa. The waiver countries are the following:
Andorra, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Holland, Iceland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, San Marino, Spain, Sweden, Switzerland and the United Kingdom. All Canadian citizens and certain Canadian “landed immigrants” are also exempt under a different law.
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