Tourist and Visitor Visas
Every year we assist hundreds of tourists and visitors to come to the U.S. from all over the world. We are well versed on the specific requirements which must be met by applicants to qualify for a visitor visa under provisions of the Immigration and Nationality Act.
All visitors to the U.S., except for Canadian and Mexican passport holders, require either a travel authorization or a visa to enter the country.
As a visitor, there is the presumption in the law that you may be intending to immigrant to the U.S., therefore, applicants for visitor visas are required to demonstrate that they do not intend to immigrate, and that they are only visiting and will return to their home country. As an intending visitor to the U.S. be prepared to prove the following:
- The purpose of the trip is to temporarily enter the U.S. for business, pleasure, or medical treatment
- You will remain in the country for a limited period of time
- Evidence of funds to cover expenses in the U.S.
- Evidence of continued familial and financial ties to your home country
Where to apply for a visitor visa
Applicants for visitor visas should generally apply at the American Embassy or Consulate in their home city abroad.
There are two ways of applying for a visitor visa:
Sponsorship by a U.S resident:
If the applicant has a relative or friend that lives in U.S., they can sponsor the visa for the applicant. Any U.S. based person can sponsor a visa for his/her parents, relatives, or friends. The sponsor needs to provide an affidavit of support form stating that they take on the liabilities of expenses required for the applicant’s trip and they will need to provide documentation which supports their ability to meet the requirements for the sponsor.
Self sponsored by the visitor:
You can be a self sponsor for your trip. To do so, you must have sufficient funds and proof of financial capability to cover all trip related expenses. Specific requirements must be met, and so, it is advised that you consult with a qualified immigration attorney to ensure that your visitor visa petition is complete and meets the self sponsorship requirements.
Visa Waiver Program (VWP)
As of January 12, 2009, a valid Electronic System for Travel Authorization (ESTA) approval is required for all Visa Waiver Program travelers to the U.S. ESTA is a free, automated system used to determine the eligibility of visitors to travel to the U.S under the VWP. It collects the same information as the paper I-94W form that VWP travelers fill out when coming to the U.S. An ESTA authorization generally will be valid for up to two years and multiple entries into the U.S. ESTA applications may be submitted at any time prior to travel, however, we recommend that VWP travelers submit an ESTA application as soon as they begin making travel plans.
Note: an approved ESTA is not a U.S. tourist visa. While it provides travelers from Visa Waiver Program countries with an authorization to enter the U.S. as a visitor, it does not meet the legal requirements of a U.S. visa.
For most travelers, ESTA processing will take 1-3 business days. Even if travel is not authorized under ESTA, the system will provide clear instructions to help travelers apply for a paper travel visa. ESTA applications will have one of three results:
- Approval - the traveler is cleared to travel to the U.S. with their relevant travel documents
- Denial - the applicant is not cleared to travel to the U.S. and should apply for a paper travel visa
- Pending authorization – more information is required for an approval decision to be made
Note: ESTA is mandatory, but does not guarantee admission into the U.S. at the port of entry. An ESTA only authorizes a traveler to board an air or sea carrier to travel to the U.S.
The final decision to authorize entry will be made by U.S Customs and Border Protection at the port of entry. Therefore, VWP travelers who have not obtained approval through ESTA should expect to be denied boarding on any air carrier bound for the U.S.
If you are planning to visit from a Visa Waiver Program country, please contact our office for specific instructions on how to apply for ESTA.
Please contact us to start your immigration application now.