B-2 Non-Immigrant Visa

DEFINITION
The B-2, temporary visitor category is available to foreign nationals who come to the United States on a temporary basis (up to six months at a time) for "pleasure", i.e., engaging in tourism, visiting relatives, attending conventions, language students (less than 18 hours a week) or to receive medical treatment. You will not need a B-2 visa if you are eligible to travel visa free under the Visa Waiver Program, or if you are a national of a country where visa requirements are waived.

ELIGIBILITY
Applicants for "B-2" visitor visas must show that they qualify under provisions of the Immigration and Nationality Act.The presumption in the law is that every visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstration that:

  • They have sufficient funds to cover their expenses while visiting;
  • The purpose of their trip is to enter the U.S. for pleasure;
  • They plan to remain for a specific, limited period;
  • They have a residence outside of the U.S. as well as other binding obligations which will insure their return abroad at the conclusion of the visit.


Medical Treatment:

  • To receive medical treatment, or accompany an individual who is receiving medical treatment.
  • Any period over one year will be subject to scrutiny, because the USCIS may make a determination that the B-2 visa holder may have immigrant intent (intent to reside permanently in the U.S., which is contrary to the "temporary/nonimmigrant" nature of the B-2 visa). However, the duration of status can be longer than a year if sufficient evidence of the need for medical treatment and ability to financially fund the treatment are presented.
  • Proof that there is no U.S. government financing for medical expenses (however, the patient can receive donations from a local church or other non-profit organization that is offering support).


MAXIMUM PERIOD OF ADMISSION
The B-2 visa holders are normally allowed into the U.S. for up to a 6-month period.



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