US Immigration

Certain foreign nationals are not required to obtain a visa to enter the United States. This includes:

1. Citizens of certain countries are eligible for the Visa Waiver Program (VWP). The VWP allows citizens of participating countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa. Read more below.

2. Citizens of Canada. Canadian citizens do not need a visa to enter the United States for stays of up to 180 days for tourism or business purposes.

3. Certain foreign nationals who are traveling to the United States as crew members of a foreign-flagged vessel.

4. Certain foreign nationals who are in transit through the United States and do not leave the airport.

It is important to note that these exemptions from the visa requirement are limited and do not apply to all foreign nationals. If you are not sure whether you need a visa to enter the United States, it is always best to book a consultation with us so we can assess your personal circumstances.

To be eligible to travel to the US under the Visa Waiver Program, you need to be a citizen from one of the following countries: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.

Canadian citizens also do not need a visa to enter the United States for stays of up to 180 days for tourism or business purposes.

If you are not from one of the aforementioned countries, you may need to apply for a US visa.

Whether you are able to work in the United States on a non-immigrant visa depends on the specific type of visa that you have. Some non-immigrant visas allow you to work in the United States, while others do not.

Most types of non-immigrant visas, such as H-1B visas for specialty occupations and O-1 visas for individuals with extraordinary ability or achievement, allow the holder to work in the United States. 

Other non-immigrant visas, such as B-1 visas for business visitors and B-2 visas for tourists, do not allow the holder to work in the United States. If you hold one of these visas and wish to work in the United States, you may need to apply for a different type of visa that allows employment.

It is important to note that the rules and restrictions surrounding work on non-immigrant visas can be complex and vary depending on the specific circumstances. If you have questions about your ability to work in the United States on a non-immigrant visa, it is always best to book a consultation with us so we can assess your personal circumstances.

Whether you are able to bring your family with you to the United States on a non-immigrant visa depends on the specific type of visa that you have. Some non-immigrant visas allow you to bring your family with you to the United States, while others do not.

Most types of non-immigrant visas, such as L-1 visas allow the holder to bring their spouse and children with them to the United States. These family members may be eligible to apply for a dependent visa for the spouse or children. 

Whether your dependent is eligible to work or study, varies by the type of visa you have.

It is important to note that the rules and restrictions surrounding family members on non-immigrant visas can be complex and vary depending on the specific circumstances. If you have questions about your ability to bring your family with you to the United States on a non-immigrant visa, it is always best to book a consultation with us so we can assess your personal circumstances.

In some cases, it may be possible to extend your non-immigrant visa if you are already in the United States and your visa is about to expire. In other cases you may need to leave the U.S. and reapply for a visa.

To extend your non-immigrant visa while in the U.S., you must apply for an extension with the US Citizenship and Immigration Services (USCIS) before your current visa expires. You will need to provide evidence that you are still eligible for the visa category that you currently hold and that you have a valid reason for needing to extend your stay in the United States.

It is important to note that even if you are eligible to extend your non-immigrant visa, this does not guarantee that your extension will be approved. The decision to grant a visa extension is at the discretion of the USCIS.

If you are considering extending your non-immigrant visa, it is always best book a consultation with us. We can help you understand the specific rules and requirements for extending your visa and assist you with the application process.

If your non-immigrant visa application is denied, you will receive a written notice from the US embassy, USCIS, or other post where you applied, explaining the reasons for the denial. The notice will also inform you of your right to appeal the decision or to reapply for a visa at a later time.

If you wish to appeal the decision, you will need to follow the appeal procedures outlined in the denial notice. This may involve submitting additional documentation or appearing for an in-person interview. 

If you do not wish to appeal the decision, you may choose to reapply for a visa at a later time. When reapplying, it is important to carefully review the reasons for the denial and address any deficiencies in your application. You may also want to book a consultation for us to assess your particular circumstances and plan an appeal strategy.

If your non-immigrant visa application is denied and you are currently in the United States, it is important to carefully review your immigration options and ensure that you are in compliance with the terms of your current visa. If you are out of status or have overstayed your visa, you may be barred from returning to the United States in the future.

Yes, there are fees associated with applying for a non-immigrant visa. The specific fees that you will need to pay depend on the type of visa that you are applying for and the country in which you are applying.

The main fee for applying for a non-immigrant visa is the application fee, which covers the cost of processing your visa application. This fee is usually paid when you submit your application and is non-refundable, regardless of whether your application is approved or denied.

In addition to the application fee, you may also be required to pay other fees, such as a visa issuance fee or a visa reciprocity fee. These fees vary depending on the country in which you are applying and the type of visa that you are seeking.

It is important to note that the fees associated with applying for a non-immigrant visa are subject to change, and you should check the current fee schedule before submitting your application. You can find the most up-to-date fees on the US Department of State website or by contacting the nearest US embassy or consulate.

The US Consular Visa application process has 8 steps:

1. check if you need a visa,
2. choose the specific type of US visa you will apply for,
3. fill in the non-immigrant visa application form DS-160,
4. pay your application fee(s),
5. schedule a visa interview,
6. compile your application package,
7. attend the visa interview, and
8. wait for processing.

You need to check if you need a visa first because you could be a citizen of a country that is eligible to travel to the US under the Visa Waiver Program and might not have to go through the application process. Note: even if you are from a Visa Waiver Program Country, you likely still need an ESTA to enter the U.S. 

Once you choose which visa you will apply for, you need to fill out the DS-160 form, which is the online nonimmigrant US visa application form and it can be found online on the website of the US consulate from which you are applying.   

The length of time it takes to get an immigrant visa can vary widely depending on a number of factors, such as the category of immigrant visa you are seeking, your country of origin, and the availability of visas in your category. In general, the processing time for an immigrant visa can take several months to several years.

The eligibility requirements for an immigrant visa vary depending on the category of visa you are seeking. In general, you must be sponsored by a qualifying family member or employer, or meet the requirements for a special category of immigrant visa, such as a refugee or asylee. You must also meet certain criteria related to your age, health, criminal history, and financial situation.

In most cases, yes. An immigrant visa requires a sponsor, who is typically a family member or employer in the United States who is willing to petition for your immigration to the United States. However, there are some categories of immigrant visas that do not require a sponsor.

If your immigrant visa application is denied, you will receive a notice explaining the reason for the denial. In some cases, you may be able to appeal the denial or reapply for a visa. However, it’s important to note that the process for appealing a denial or reapplying for a visa can be complex and you may wish to consult with an immigration lawyer for guidance.

There are several ways to become a US citizen:

1. Birth in the United States or one of its territories: If you were born in the US or certain territories, you may already be a US citizen.

2. Birth abroad to US citizen parents: If you were born abroad to US citizen parents, you may be a US citizen. The rules for acquiring citizenship through birth abroad to US citizen parents can be complex and depend on the laws in effect at the time of your birth.

3. Naturalization: If you are a permanent resident (green card holder) and meet certain eligibility requirements, you may be able to apply for naturalization to become a US citizen. To be eligible for naturalization, you must:

   1. Be at least 18 years old

   2. Have been a permanent resident for at least 5 years (or 3 years if you are married to a US citizen)

   3. Have lived within the state or USCIS district where you apply for at least 3 months before applying

   4. Have had continuous residence in the US as a lawful permanent resident for at least 3 years

   5. Be able to demonstrate good moral character

   6. Be able to pass a test on US history and government (civics)

   7. Be able to speak, read, and write basic English

4. Derivative citizenship: If you are a child under 18 and one of your parents becomes a US citizen, you may be able to acquire citizenship through your parent’s naturalization. The rules for derivative citizenship can be complex and depend on your specific circumstances.

5. Marriage to a US citizen: If you are married to a US citizen, you may be able to apply for naturalization after being a permanent resident for at least 3 years.

6. Military service: If you are a noncitizen serving in the US military, you may be eligible for expedited naturalization.

If you are interested in becoming a US citizen, it is important to carefully review your eligibility requirements and the naturalization process. You may want to consult with a Motivus immigration attorney more information.

A visa is a document that allows you to apply for entry to the United States, but it does not guarantee entry. The decision to grant or deny admission to the United States is made by the U.S. Customs and Border Protection (CBP) officer at the port of entry. The officer will consider various factors, including the purpose of your visit, the documents you present, and your admissibility to the United States under U.S. immigration laws.

It is important to note that even if you have a valid visa, you may still be denied entry to the United States if you do not satisfy the other requirements for admission, or if you are found to be inadmissible for any other reason under U.S. immigration laws.

Therefore, it is important to be prepared and to have all the necessary documents and information ready when you apply for a visa and when you travel to the United States. You should also be aware of the purpose of your visit and any requirements or restrictions that may apply to your stay in the United States.

See Admissions on the CBP website for more information.

If you have an expired visa stamp but you are still on a valid I-94 you may be able to reenter the US invoke Automatic Revalidation (“AVR”) of your visa. You must meet certain requirements, including but not limited to:

1. You left the USA for a period of 30 days or less for a brief travel to Canada, Mexico or Adjacent Islands.

2. You have valid admission stamp or paper/online Form I-94, Arrival/Departure Record

3. You have a valid passport 

4. You have an expired visa stamp

To find out more: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

• US Consulate: For any applications (immigrant or nonimmigrant) filed with a US Consulate, please follow the prompts set out at https://ceac.state.gov/CEACStatTracker/Status.aspx to check your status.
• USCIS: For applications submitted to a USCIS service center, please follow https://egov.uscis.gov/casestatus/landing.do  
• CBP: If you applied at a port of entry, you will likely know the outcome of your application right away, however you can always verify your current status by accessing your online I-94 at https://i94.cbp.dhs.gov/I94/#/home.