The United States is one of the top five most visited countries in the world, as well as the country with the most immigrants. Any foreign national wishing to visit or immigrate to the United States must apply for a US visa at one of the country’s diplomatic offices.
A US Visa is a sticker visa that is attached to a foreign national’s passport. A US visa does not ensure entrance into the US for a foreign national. When you produce your visa, it is at the discretion of the Department of Homeland Security (DHS) and Customs and Border Protection (CPB) Inspectors.
Who Is Required to Apply for a US Visa?
Foreign nationals from the 38 Visa Waiver Programme (VWP) countries are permitted to travel to the United States for business or tourist for durations of up to 90 days without a visa. The Visa Waiver Programme also requires those 38 nations to allow US citizens and nationals to visit their countries without a visa for a similar period of time for business or tourism purposes.
US Immigrant Visa vs Non-Immigrant Visa
Immigrant Visas
- Permanent visas for foreigners seeking to work and live in the United States, thereby allowing them to immigrate lawfully.
- Anyone with an immigrant visa who wishes to become a lawful permanent resident may do so.
Non-Immigrant Visa
- These visas are only valid for a short time.
- Once the visa expires, the visa holder must return to their home country unless they can convert it to another visa or find a method to extend it.
Different Types of US Visa
There are 185 distinct types of US visas for various purposes. The sort of visa you can apply for is determined by its purpose and must be accompanied by the necessary documentation.
Non-Immigrant US Visas
- Visitor Visas
- Transit Visas
- Exchange visitor Visas
- Student Visas
- Crew Member Visas
- Diplomatic and Official Visas.
- Treaty Trader and Investor Visas
- Visas for Victims of Human Trafficking
- Visas for Victims of Crime
- Temporary Work Visas
Immigrant US Visas
- Spouse Visas
- Fiancé Visa
- Family-sponsored Visas
- Employer-Sponsored Visas
- Diversity Immigrant Visas
- Returning Resident Visas
- Religious Workers Visas
- Special Visas for Iraqis/Afghans
The process to Apply for US Visa
A US Visa application involves multiple steps. However, the order of these stages and how you complete them may differ depending on the US Embassy or Consulate. To apply for a US visa, you must first fill out an online application and then book an appointment with the US embassy or consulate in your home country.
Once you have determined the purpose and type of visa you require, you must complete the application form, pay the visa fees, arrange the visa interview, gather the necessary papers, and appear for the interview on the scheduled date.
After the visa is issued, you may be required to pay a visa issuance fee (if applicable to your nationality) and make arrangements for the passport and visa to be returned to you.
How Long you can Stay with a US Visa?
A CBP officer at the port of entry determines how long you can stay in the United States. The officer may offer you the same term as stated on the visa, a smaller number of days, or in some situations, a larger number of days. He or she will stamp your passport with the expiration date of your visa.
Cause of Overstaying Using US Visa
It is never a good idea to overstay your US visa or the term of a visa-free visit.
Overstay by 180 days to one year
If you overstay your US visa for more than 180 days (but less than one year), you will be forbidden from returning to the US for three years from the date of departure.
Overstay by more than one year
If you overstay your US visa by one year or more, you will be forbidden from returning to the US for ten years from the date of departure.
Leaving the United States does not result in any reentry restrictions, nor does it result in a stamp on the passport. However, when you attempt to reenter, the CBP officer will be able to see that you overstayed your visa on your last visit. If you find yourself in this circumstance, you can seek the assistance of an immigration lawyer.
Extend Policies of US Visa
If a foreign national wishes to prolong his or her stay in the United States, he or she must file a request with the United States Citizenship and Immigration Services (USCIS). Before the authorized stay ends, make this request on Form I-539, Application to Extend/Change Nonimmigrant Status.
When is it possible to extend your stay?
- You hold a valid non-immigrant visa to the United States.
- You have a valid passport that will be valid for the term of your extension.
- You entered the United States legitimately and have not broken your admission terms or committed any crimes.
When you are unable to extend your stay?
- You were accepted as part of the Visa Waiver Programme.
- You are a crew member (D Visa) or a transit visa (C Visa) holder, or you are passing through the US without a visa.
- You are in the United States on a fiancé or K visa or as the dependant of a U.S. citizen’s fiancée.
- You have an S Visa as an informant (and your family) on terrorism or organized crime.