Power Point Presentation by: Gloria Roa Bodin, Esq. Immigration Law for Paralegals THIRD EDITION By: M aria Isabel Casablanca & Gloria Roa Bodin Copyright.

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Presentation transcript:

Power Point Presentation by: Gloria Roa Bodin, Esq. Immigration Law for Paralegals THIRD EDITION By: M aria Isabel Casablanca & Gloria Roa Bodin Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) The application for a B-1 and/or B-2 visa is filed with the consulate or embassy in the home country or current place of residence abroad. The process involves an interview with the consular officer, who will analyze the application and interviews the individual. If the officer suspects preconceived intent, such as intent to work or marry rather than visit, the application will be denied. Applicant must have ties to home country and adequate funds to carry out purpose of visit. The application for a B-1 and/or B-2 visa is filed with the consulate or embassy in the home country or current place of residence abroad. The process involves an interview with the consular officer, who will analyze the application and interviews the individual. If the officer suspects preconceived intent, such as intent to work or marry rather than visit, the application will be denied. Applicant must have ties to home country and adequate funds to carry out purpose of visit. Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: (a) passport valid at least six months beyond intended stay(s) in the U.S.; (a) passport valid at least six months beyond intended stay(s) in the U.S.; (b) One recent photo; (b) One recent photo; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (ii) If visit is for pleasure, a letter of invitation from friend or relative in the U.S. and notarized affidavit of support, together with a U.S. tax return; (e) Copy of round trip airline ticket; and (e) Copy of round trip airline ticket; and (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: (a) passport valid at least six months beyond intended stay(s) in the U.S.; (a) passport valid at least six months beyond intended stay(s) in the U.S.; (b) One recent photo; (b) One recent photo; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (ii) If visit is for pleasure, a letter of invitation from friend or relative in the U.S. and notarized affidavit of support, together with a U.S. tax return; (e) Copy of round trip airline ticket; and (e) Copy of round trip airline ticket; and (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) Once the consular officer is satisfied with applicant’s true intent, a visa sticker will be affixed to the passport, stating, among other things, the issuance date and expiration date. Some visas are granted for as little as thirty days and others for up to ten years. Once the consular officer is satisfied with applicant’s true intent, a visa sticker will be affixed to the passport, stating, among other things, the issuance date and expiration date. Some visas are granted for as little as thirty days and others for up to ten years. Sample of Visa Stamp Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) Permissible Activities for of B-1 Visa Holders (Visitors for Business): Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Contract negotiation; Contract negotiation; Installation, service, or repair of commercial/industrial equipment Installation, service, or repair of commercial/industrial equipment Consultation with business associates; Consultation with business associates; Litigation; Litigation; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Permissible Activities for of B-1 Visa Holders (Visitors for Business): Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Contract negotiation; Contract negotiation; Installation, service, or repair of commercial/industrial equipment Installation, service, or repair of commercial/industrial equipment Consultation with business associates; Consultation with business associates; Litigation; Litigation; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) Investors seeking investments that may eventually qualify them for immigrant or E-2 nonimmigrant status; Investors seeking investments that may eventually qualify them for immigrant or E-2 nonimmigrant status; Independent research or professional artistic activity; Independent research or professional artistic activity; Construction and set-up support by foreign employer in connection with exhibits at international fairs and exhibitions; Construction and set-up support by foreign employer in connection with exhibits at international fairs and exhibitions; Certain religious and charitable activities (e.g., missionaries and recognized international volunteer efforts); Certain religious and charitable activities (e.g., missionaries and recognized international volunteer efforts); Certain athletes who are professional but intend to receive no salary; Certain athletes who are professional but intend to receive no salary; Individuals or members of a foreign-based team in an internationally recognized sporting activity; Individuals or members of a foreign-based team in an internationally recognized sporting activity; Servants for foreign employer temporarily in the U.S. Servants for foreign employer temporarily in the U.S. Investors seeking investments that may eventually qualify them for immigrant or E-2 nonimmigrant status; Investors seeking investments that may eventually qualify them for immigrant or E-2 nonimmigrant status; Independent research or professional artistic activity; Independent research or professional artistic activity; Construction and set-up support by foreign employer in connection with exhibits at international fairs and exhibitions; Construction and set-up support by foreign employer in connection with exhibits at international fairs and exhibitions; Certain religious and charitable activities (e.g., missionaries and recognized international volunteer efforts); Certain religious and charitable activities (e.g., missionaries and recognized international volunteer efforts); Certain athletes who are professional but intend to receive no salary; Certain athletes who are professional but intend to receive no salary; Individuals or members of a foreign-based team in an internationally recognized sporting activity; Individuals or members of a foreign-based team in an internationally recognized sporting activity; Servants for foreign employer temporarily in the U.S. Servants for foreign employer temporarily in the U.S. Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) Permissible Activities for B-2 (Visitors for Pleasure): Usual tourist activities, e.g., visit tourist attraction, friends, and/or relatives; Usual tourist activities, e.g., visit tourist attraction, friends, and/or relatives; Medical treatment; Medical treatment; Participation in a conference, convention of social or fraternal organizations; Participation in a conference, convention of social or fraternal organizations; Short course of study incidental to tourist or social activities; and Short course of study incidental to tourist or social activities; and Permissible Activities for B-2 (Visitors for Pleasure): Usual tourist activities, e.g., visit tourist attraction, friends, and/or relatives; Usual tourist activities, e.g., visit tourist attraction, friends, and/or relatives; Medical treatment; Medical treatment; Participation in a conference, convention of social or fraternal organizations; Participation in a conference, convention of social or fraternal organizations; Short course of study incidental to tourist or social activities; and Short course of study incidental to tourist or social activities; and Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) The Visa Waiver Pilot Program (VWP) The Visa Waiver Pilot Program (VWP) Under the VWP for tourists and business visitors, nationals from the following countries can visit the U.S. for ninety days: Under the VWP for tourists and business visitors, nationals from the following countries can visit the U.S. for ninety days: The Visa Waiver Pilot Program (VWP) The Visa Waiver Pilot Program (VWP) Under the VWP for tourists and business visitors, nationals from the following countries can visit the U.S. for ninety days: Under the VWP for tourists and business visitors, nationals from the following countries can visit the U.S. for ninety days: Andorra Andorra Austria Austria Australia Australia Belgium Belgium Brunei Brunei Denmark Denmark Finland Finland France France Germany Germany Andorra Andorra Austria Austria Australia Australia Belgium Belgium Brunei Brunei Denmark Denmark Finland Finland France France Germany Germany Iceland Iceland Ireland Ireland Italy Italy Japan Japan Liechtenstein Liechtenstein Luxembourg Luxembourg Monaco Monaco The Netherlands The Netherlands New Zealand New Zealand Iceland Iceland Ireland Ireland Italy Italy Japan Japan Liechtenstein Liechtenstein Luxembourg Luxembourg Monaco Monaco The Netherlands The Netherlands New Zealand New Zealand Norway Norway Portugal Portugal San Marino San Marino Singapore Singapore Slovenia Slovenia Spain Spain Sweden Sweden Switzerland Switzerland United Kingdom United Kingdom Norway Norway Portugal Portugal San Marino San Marino Singapore Singapore Slovenia Slovenia Spain Spain Sweden Sweden Switzerland Switzerland United Kingdom United Kingdom Note: No change of status or extension may be obtained under this classification. Under certain circumstances (immediate relatives of citizens), adjustment of status will be permitted. Under certain circumstances (immediate relatives of citizens), adjustment of status will be permitted. Note: No change of status or extension may be obtained under this classification. Under certain circumstances (immediate relatives of citizens), adjustment of status will be permitted. Under certain circumstances (immediate relatives of citizens), adjustment of status will be permitted. Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved

Temporary Visas Visitors for Business(B-1) and Pleasure (B-2) The Arrival/Departure Document, Form I-94 Card, is issued at the port of entry. The card is white for the B-1/B-2 visitor and green for the ninety day VWP visa. At the port of entry, the Form I-94 is completed to request permission for admission to the U.S. The B-2 is initially granted for six months and can be extended for up to one year. The B-1 is granted for the time needed to complete business activities and may be extended for up to one year. The Arrival/Departure Document, Form I-94 Card, is issued at the port of entry. The card is white for the B-1/B-2 visitor and green for the ninety day VWP visa. At the port of entry, the Form I-94 is completed to request permission for admission to the U.S. The B-2 is initially granted for six months and can be extended for up to one year. The B-1 is granted for the time needed to complete business activities and may be extended for up to one year. I-94 Sample Copyright © 2011, Gloria Roa Bodin and Maria Isabel Casablanca, All Rights Reserved