San Diego Immigration Lawyer Temporary Visas

B-2
Visas

To
qualify for a B-2 visa, applicant must show the following:

• The purpose
of the trip is to enter the U.S. for pleasure, or medical
treatment;
• Applicant plans to remain for a specific time period;
• Applicant maintains a foreign residence that he or
she has no intention of abandoning;
• Applicant is not engaged in work and will engage solely
in legitimate activities relating to pleasure.

The
following are considered when applying for a tourist visa:

• Adequate
funds to cover the expenses for the trip including his or
her stay or affidavit of support.
• Applicant has specific and realistic plans for the
visit for the entire period of the contemplated visit;
• Applicant has made plans to return to his/her home
country; reservation for one-way plane ticket suffices;
• Applicant has a residence outside the U.S. as well
as other binding ties, which will insure his or her return
abroad at the end of the visit.
• Normally, an applicant’s chances for getting
a visa will be improved if the planned trip is short, the
itinerary is clearly listed, the alien can prove that he or
she has enough of funds to cover the expenses of his entire
trip and has a job, family, and other ties at his or her home
country.

B-1 Visas

You may be eligible
for a B-1 visa if you will be participating in business activities
of a commercial or professional nature in the United States,
including, but not limited to:

• Consulting
with business associates;
• Traveling for a scientific, educational, professional
or business convention, or a conference on specific dates;

• Settling an estate;
• Negotiating a contract;
• Participating in short-term training;
• Transiting through the United States;

Eligibility
Criteria
You must demonstrate the following in order to be eligible
to obtain a B-1 visa:

• The purpose
of your trip is to enter the United States for business of
a legitimate nature;
• You plan to remain for a specific limited period of
time;
• You have the funds to cover the expenses of the trip
and your stay in the United States;
• You have a residence outside the United States in
which you have no intention of abandoning, as well as other
binding ties which will ensure your return abroad at the end
of the visit;
• You are otherwise admissible to the United States.

If you
are in the United States in another valid nonimmigrant status,
you may be eligible to change to B-1 status. You also be eligible
to extend your B-1 status. To change to or extend your B-1
status, you should file Form I-539, Application to Extend/Change
Nonimmigrant Status.

F-1 Visas

If you
would like to study as a full-time student in the United States,
you will need a student visa. There are two nonimmigrant visa
categories for persons wishing to study in the United States.
These visas are commonly known as the F and M visas.

You
may enter in the F-1 or M-1 visa category provided you meet
the following criteria:

• Applicant
must be enrolled in an "academic" educational program,
a language-training program, or a vocational program;
• School must be approved by the Student and Exchange
Visitors Program, Immigration & Customs Enforcement;
• Applicant must be enrolled as a full-time student
at the institution;
• Applicant must be proficient in English or be enrolled
in courses leading to English proficiency;
• Applicant must have sufficient funds available for
self-support during the entire proposed course of study; and

• Applicant must maintain a residence abroad which he/she
has no intention of giving up.

F-1
Student Visa
The F-1 Visa (Academic Student) allows you to enter the United
States as a full-time student at an accredited college, university,
seminary, conservatory, academic high school, elementary school,
or other academic institution or in a language training program.
You must be enrolled in a program or course of study that
culminates in a degree, diploma, or certificate and your school
must be authorized by the U.S. government to accept international
students.

M-1
Student Visa
The M-1 visa (Vocational Student) category includes students
in vocational or other nonacademic programs, other than language
training.

Employment
F-1 students may not work off-campus during the first academic
year, but may accept on-campus employment subject to certain
conditions and restrictions. There are various programs available
for F-1 students to seek off-campus employment, after the
first academic year. F-1 students may engage in three types
of off-campus employment, after they have been studying for
one academic year. These three types of employment are:

• Curricular
Practical Training (CPT)
• Optional Practical Training (OPT) (pre-completion
or post-completion)
• Science, Technology, Engineering, and Mathematics
(STEM) Optional Practical Training Extension (OPT)
• M-1 students may engage in practical training only
after they have completed their studies.

For both F-1 and
M-1 students any off-campus employment must be related to
their area of study and must be authorized prior to starting
any work by the Designated School Official.

K-1
Visas

K-1/K-3
Non-Immigrant Visa for Fiancé/Spouse of US Citizen

United States Citizens may bring their fiancé to the
United States by applying for the K-1 visa. In order to qualify
for the K-1 visa, the applicant must present evidence of a
bona fide relationship and that they have seen in each other
(in person) within two years of filing the application. Upon
entering the U.S., the K-1 visa holder must get married to
the United States citizen and submit a green card petition
for the K-1 visa holder. Dependents of K-1 visa holders may
enter with K-2 visas.

K-1
Visa for Fiancé/Fiancée
If you wish to bring your fiancée into the United States
to marry, you must file with the USCIS Form I-129F, Petition
for Alien fiancé for their lawful entry into the U.S.

K-1
Visa Eligibility and Requirements
You must be a U.S. citizen to file. Your fiancée or
fiancé must be a citizen of another country and physically
outside the U.S. at the time of application. An individual
can be issued a K-1 visa only after a petition is filed in
the U.S. and has been approved, based on satisfactory evidence
of the following:

• That the
couple previously met within the two (2) years of the date
of filing the petition, unless a waiver is granted;
• That the couple has a bona fide intention to marry;
and
• The couple is legally able and actually willing to
conclude a valid marriage in the United States within 90 days
after the fiancé’s arrival.

Marriage
must take place within 90 days of your fiancée/fiancé
entering the U.S. After getting married, you may file for
the Green Card. Please note that it is important that you
marry your fiancé within 90 days of your fiancé
entering the U.S.

Extend Your Stay

If you want to
extend your stay in the United States, you must file a request
with U.S. Citizenship and Immigration Services (USCIS) on
Form I-539, Application to Extend/Change Nonimmigrant Status
before your authorized stay expires. You may apply to extend
your stay if:

• You were
lawfully admitted into the United States with a nonimmigrant
visa;
• Your nonimmigrant visa status remains valid;
• You have not committed any crimes that make you ineligible
for a visa;
• You have not violated the conditions of your admission;
• Your passport is valid and will remain valid for the
duration of your stay; and
• You otherwise meet the requirements of your requested
status.

You may not apply
to extend your stay if you were admitted to the United States
in the following categories:

•
Visa Waiver Program;
• Crew member (D nonimmigrant visa);
• In transit through the United States (C nonimmigrant
visa);
• In transit through the United States without a visa
(TWOV);
• Fiancé of a U.S. citizen or dependent of a
fiancé (K nonimmigrant visa);
• Informant (and accompanying family) on terrorism or
organized crime (S nonimmigrant visa).

Law Offices of Hasbini Immigration Lawyer San Diego in San Diego County