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Temporary Visas
A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration Process
(5th Edition)
Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration
Attorney
January 2000
B-2. Temporary Visitor for Pleasure
B-2 visas are issued to people coming to the U.S. to visit friends or relatives, to vacation or to accompany a B-1 visa holder as described above.
In most cases, the American Consulate will require evidence of the nature of the trip, as well as proof that the applicant intends to return to the home country. Sometimes an invitation from a friend or relative in the U.S., proof of residence and employment abroad, and other evidence of permanent ties outside the U.S. can help to establish the "intention to return". The applicant should also provide a round-trip airline ticket, and proof that he or she has enough money available for the duration of the trip, such as bank statements or credit cards. The B-2 visa can be issued for multiple trips.
Upon entry to the U.S., the alien is generally admitted for six months. Until a few years ago, B-2 visitors were admitted for the length of time of their intended visit, not to exceed six months. The former INS then started admitting B-2 visitors automatically for six months to eliminate extension requests and save time and paperwork.
The application must be made at an American Consulate. It consists of:
- Optional Form 156- Nonimmigrant Visa Application
- Passport photograph
- Valid passport or travel document.
If a visitor can show a good reason for needing to stay in the U.S. beyond the initial six months, the alien can apply for one six month extension. The application is filed with the Immigration Service having jurisdiction over the applicant's temporary residence in the U.S. It consists of:
- Form I-539- Application to Extend/Change Nonimmigrant Status
- Letter of explanation and any documentation in support of the extension request showing why it is requested
- Copy of return transportation ticket
- Proof of ability to maintain oneself financially, or an affidavit of support
- Copy of Form I-94
- Filing fee of $120.00.
Chapter 3 covers the "Visa Waiver Pilot Program", which allows citizens from many countries to travel to the U.S. as business or pleasure visitors without having to apply for a B-1 or B-2 visa at an American Consulate.
C. Transit Visas and Transit Without Visa
"C" visas are transit visas. People who are traveling through the U.S. to a final destination outside the U.S. use them. People admitted in "C" status may remain in the U.S. for a maximum of twenty-nine days. A "transit" alien may not apply for change of status to any other nonimmigrant category except "G", and may not apply for an extension of temporary stay.
Some people who are in transit through the U.S. do not have visas. Transit without visa or TWOV is reserved for those who are applying for admission to the U.S. to travel on to another country. Someone flying into the U.S. who has a confirmed reservation, within a specified time period, to catch a connecting flight to another country will be admitted as TWOV. Aliens in TWOV status are not permitted to leave the airline terminal. Application for TWOV status can only be made at certain designated U.S. ports of entry.
D. Crewmen of Aircraft or Sea Vessels
Aliens who are applying for admission into the U.S. as members of a foreign vessel's crew such as flight attendants on foreign owned airlines or crewmen on foreign owned ships use this visa. Usually the foreign vessel personnel will make the arrangements for "D" visa issuance. Many crewmen have both "C" and "D" visas. They use the "C" visas for the purpose of entering the U.S. to "join" their vessel.
There is no derivative classification for the spouse or children of crewmen. They are classified as B-2 visitors if coming solely to the U.S. to accompany the principal alien.
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