Jennifer Gagliardi - U.S. Citizenship For Dummies

Pleasure visitors: The B-2 nonimmigrant category includes those visiting the United States for the pure enjoyment of the many attractions this country has to offer. It also includes those who come to this country for a number of other purposes, including seeking medical treatment. In our experience, most medical treatments are hardly pleasurable, but nonetheless, the government lumps them into the same category as pleasure visitors. See Tourism (B-2) at travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html .

The Visa Wizard is an online tool to help foreign citizens understand which visa category may be appropriate for their travel to the United States. See the Visa Wizard at travel.state.gov/content/travel/en/us-visas/visa-information-resources/wizard.html .

The results from this Visa Wizard do not guarantee that you will be eligible under law to receive a visa. You must meet all legal requirements of the visa for which you are applying. The consular officer at the U.S. Embassy or Consulate where you apply will determine your visa eligibility and the visa category suitable for your purpose of travel, based on U.S. immigration law.

Note: The Visa Wizard includes the most common visas but does not include every visa.

Students, temporary workers, crewmen, journalists, and all others planning to travel to the United States for a purpose other than business or pleasure must apply in a different visa category. The State Department issues a huge range of visas for all different types of circumstances. For additional detailed information about your unique visa needs, consult the State Department website ( travel.state.gov/content/travel/en/us-visas.html ).

Certain individuals who are already legally in the country may qualify to change or adjust their immigration statuses. They may be eligible to change from one category of nonimmigrant status to another or may even have the opportunity to adjust from nonimmigrant to lawful permanent resident status.

Petitioning in one nonimmigrant status for change to another nonimmigrant status is referred to as changing status (example: change from a tourist to a student) ; applying for permanent residence while in the United States as a nonimmigrant is referred to as adjusting status (example: noncitizen spouse to lawful permanent resident).

Unlawful presence in the United States can have serious consequences, so be sure your immigration status always remains legal. For example, sometimes a noncitizen spouse in the first family preference category assumes that because the noncitizen spouse is married to a U.S. citizen, they can stay in the United States. Marriage to a U.S. citizen does not protect a noncitizen spouse from deportation.

A problem may occur while the noncitizen spouse is waiting for the adjustment of status petition to be processed. If the noncitizen spouse overstays the original visa, they are “out-of-status” and are unlawfully residing in the United States. Therefore, the noncitizen spouse is not eligible for adjustment of status. Upon leaving the United States after having been unlawfully present for more than 180 days or a year, the noncitizen spouse is barred from reentering the United States for three or ten years (depending upon how long they were in the country). There are some exceptions and some waiver provisions, which is why we stress the importance of consulting a qualified immigration attorney or legal services if you have any unlawful presence time in the United States.

To check whether your immigration status is currently legal, rely on your I-94 “Arrival-Departure Record” — the document you received from the CBP (find out more about them in Chapter 1) upon entering the country, or from the USCIS if you extended your immigration status while already in the United States.

If you want to change the purpose of your visit while you’re in the United States, then you, or in some cases your employer, must ask the USCIS to change your nonimmigrant status. Not all requests will be honored. For instance, if you’re a tourist who wants to become a student in the U.S., you should state that you’re looking into schools when you first enter the United States on a tourist visa. Otherwise, you’ll need to first leave the country before being able to obtain a student visa.

If you were admitted to the United States in one of the following visa categories, you may not apply to change your nonimmigrant status (you will first need to leave the country in order to change your immigration status):

C (Alien in Transit)

D (Crewman)

K-1 or K-2 (Fiancé[e] or Dependent of Fiancé[e])

K-3 or K-4 Certain Husbands and Wives of U.S. Citizens and their Dependent Children

S (Witness or Informant)

TWOV (Transit without Visa)

WT or WB (Under the Visa Waiver Program)

If you were admitted in any of the following nonimmigrant categories, there are certain restrictions concerning your ability to request a change in your nonimmigrant status:

J-1: An exchange visitor subject to the two-year foreign residence requirement cannot change status, with certain exceptions.

M-1: A vocational student cannot change status to F-1. (Also, a vocational student cannot change status to any H classification even if the vocational training helped the student qualify for the H classification.)

For more information, see the USCIS FAQ M-577: “I am a nonimmigrant C-2: How do I change to another nonimmigrant status?” at www.uscis.gov/sites/default/files/document/guides/C2en.pdf

There’s one exception to the rule that limits nonimmigrant visa holders to the activity stated on their visas: Business travelers may stay for pleasure after their business is over — providing they leave the country within the time period designated on their I-94 cards. Everyone else who wants to change the nature of their visit from the purpose stated on their visa must submit an application to change status to the USCIS. Failing to do so constitutes breaking U.S. immigration law, which in turn damages your chances of getting future temporary or permanent visas.

Providing that a visa number is available through the Department of State (unless you’re in a category that is exempt from numerical limitations — you can find more on this later in this chapter), certain nonimmigrants may adjust their immigration status from nonimmigrant to immigrant. Immediate relatives of U.S. citizens usually are exempt from waiting for visa numbers and can adjust their status quickly.

If you have to wait for an immigrant visa number and are outside the United States when it becomes available, you’ll be notified to go to the local U.S. consulate to complete the processing. This visa process is known as consular processing.