Need Help Securing Your B-1/B2 Visa?

By Chris M. Ingram, LL.M., ESQ 

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Need Help Securing a B-1/B-2 Visitor’s Visa?

If you are from one of the following countries listed below, then you can travel to the US without a visa under the Visa Waiver Program. All you have to do is go to the Electronic System for Travel Authorization (ESTA) website and register yourself for travel.  However, if you are not from a Visa Waiver Program country, getting a B-1/B-2 Visitor’s Visa from the Consulate can be very challenging indeed. Hiring an experienced U.S. Immigration law firm to represent you will make a massive difference in the likelihood of the B-1/B-2 visa being approved.

Length of Stay Under B-1/B-2 Visa

Typically the visa, when issued at the consulate, will be for 1, 3, 5 or 10 years. However, each trip to the U.S. cannot last more than six months. In most cases, upon arrival into the U.S, the officer at the gate will automatically stamp you in for six months. However, the U.S. Immigration officer can stamp you in for less time if the determination is that six months would not be appropriate. 

Visa Waiver Qualifying Countries 

Why is it hard to Get a B-1/B-2 Visitor’s Visa?

USCIS data has established that people traveling into the U.S. from countries like India, Pakistan or the Philippines, etc., are far more likely to not return to their home country at the end of the approved B-1/B-2 visa term. The reason for this ‘failure to return rate’ is due to the comparative economic advantage America has over other countries. So, people from “at-risk” countries are given a tough time at the U.S. Consulate, and many applications are routinely denied.

“Section 214(b) of the United States Immigration and Nationality Act states that: “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa that he is entitled to nonimmigrant status” This means that most visa applicants* must convince the Consular Officer of the following:

• that he or she intends to return to his or her home country following a temporary stay in the United States,
• that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.,
• that the travel is for legitimate purposes permitted by the applicant’s visa category.”

Good Case Prep Can Make All The Difference

Unfortunately, many B-1/B-2 visa applicants jump online and complete the online form DS-160 and then show up at the Embassy without having addressed the central Section 214(b) concerns with thorough documentation for the interview or the inclusion commentary within online form DS-160 itself. As your U.S. Immigration Attorney, we’d undoubtedly be mindful of the Section 21b(b) requirements at all times as we put your case together. 

The B1/B2 Visitor’s Visa is a Gateway Visa 

Another reason why the U.S. Consulate is anxious not to issue B-1/B-2 visas is that, once this visa is issued, and the alien arrives into the U.S., the alien can apply for any other visa(s) that they might qualify for, without having to return to the consulate.   For example, an alien could arrive in the U.S. on a B-1/B-2 Visitor’s visa, find and graduate-level job, and then legally apply for an H-1B graduate visa or an O-1A/O-1B visa, etc., and if successful, stay in the U.S. and then from there apply for an EB-1, EB-2, EB-3 or EB-5 green card. So, for this reason, the U.S. Consulate will always be aware of this when reviewing your  B-1/B-2 visa application. 

Improving Your B-1/B-2 Chances

No attorney can guarantee that the application they package for their client will result in an approval., and to do so would be highly misleading. However, it is fair to say that having an experienced attorney represent their client is going to impact the likelihood of success in any B-1/B-2 visa application.    Our success as U.S. Immigration Attorneys is based on our experience in these matters. As we prepare the B-1/B-2 visa, we get feedback from our clients and the consulate. We can then use the feedback we receive to refine and fine-tune our application package so that we continue to hit the mark.  Whereas, individuals who file their applications without this experience are more likely not to be successful. 

What if I’m From a Visa Waiver Country, Should I Apply for a B-1/B2 Visa?

If you are from a visa waiver country, always seek legal advice before you apply for a B-1B-2 visa, because if you are denied a B-1/-2 visa, your ESTA; ability to travel under the Visa Waiver Program can automatically be terminated also, leaving you completely unable to travel to the U.S. without then having to go back to the consulate. The U.S. Consulate will be highly skeptical as to the motive behind anyone benefitting from the freedom to travel under the Visa Waiver Program would need a B-1/B-2 tourist visa. So, please get legal advice before applying for a B-1/B-2. 

Getting Started

If you would like us to you file your next B-1/B-2 visa application, please complete the inquiry form on our website and outline your case to us. If we feel you have a good case or that we can make a good case, then we’ll invite you to onboard with us. We only take clients on by invitation only as we want to make sure that we only take on cases we believe are viable. 

Bearing the above in mind, we look forward to working with you. 

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 310 496 4292

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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