New York B-1 / B-2 Visitor Visas
B-1/B-2 Non-Immigrant Visa is designed for foreign nationals who are coming to the United States for business (e.g. attending meeting and conventions), tourism purposes or to obtain medical treatment. You may also use the visa for a short-term training if your foreign employer is covering your salary. You are not allowed to use this visa to work in the US and / or to study.
Travelers from certain eligible countries may also be able to visit the U.S. without a visa, under the Visa Waiver Program, which exempt citizens from certain countries from the Visa requirement, provided they are holding a machine readable passport. These countries include: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
Visa applications may ONLY be made at a US Consulate in your country of residence. There is a presumption in the law that every Visa applicant is an intending immigrant. In order to overcome this presumption you will have to convince the Consular Officer that you have a residence, which you have no intention to abandon, i.e. that you have binding ties that will insure your return at the end of the trip.
Extension of Stay in the US and Change of Status?
When you come to the US with a B-1/B-2 Visa the Immigration Officer at the port of entry will usually grant you permission to stay (A Status) for a period of up to six months. This Status may be EXTENDED or CHANGED to another status, for example, to H, R, L, E-1, E-2, or F/J/M OR Green Card.
Frequently asked questions:
For how long can I extend my stay?
Extensions of B-1/B-2 status are normally granted for a period of up to six months at a time.
When is the time to apply for the extension?
The application must be received at the United States Citizenship & Immigration Services (USCIS) BEFORE your status is expired. This date is indicated on the I-94 Card which the Immigration Officer attached to your passport when you entered the US. We recommend our clients to file application to extend their status at least three weeks before their status expire.
What is my status during the process of the application?
If you filed your application on time your stay is legal and is extended until the USCIS will make a decision on your case. If your application is approved your stay in the US will be extended from the time your status expired until the time stated at approval notice. For Example, if your status expired on January 1, 2006 and on December 12, 2005 you applied for an extension of stay for additional six months and on March 25, 2006 the application is approved , your will (normally) be permitted to stay in the US until June, 30, 2006.
How long does it take for the USCIS to make a decision on my application? The USCIS will normally make a decision on your application in approximately 90 days. Sometimes, the USCIS issue a “Notice of Action”, requesting additional documents and/or information to support your application and this procedure effects the processing time. You may check your case status online using our case status page.
What are the documents I need to submit with my application?
A copy of your passport may suffice. However, we recommend that you send with the application a copy of your return flight ticket and also a copy of a recent bank statement or other documents you may have, to demonstrate your ability to support yourself during the stay.
Do I have to come to your office in order to file the application?
No. Almost every application to EXTEND or to CHANGE a status does not require a personal meeting in our office and can be made through mail, fax or email correspondence.
How do I start a case?
If you wish to apply for an extension of your B-1/B-2 Status in the US please mail us a copy of your passport and your I-94 card (both sides), a copy of your flight ticket, and a recent bank account showing a balance of at least $3,000, together with a check for the legal fees.
*Note that the above prices are subject to change at any time and without further notice. Prices do not include applications for dependents, dealing with Notice of Actions, out of pocket expenses and any unexpected circumstances we may have to address.
**This is general information and is NOT intended to provide legal advice.