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B1 & B2 Visa

B1 visa and B2 visa are non-immigrant visas, meaning the holders of B1 or/and B2 do not have intent to permanently live in the U.S. 

B1 visa allows holders coming to the U.S. for the following purposes:

  1. business related purposes ( negotiating a contract, looking for potential business investments, and business/professional conference);

  2. participating in short-term training;

  3. temporarily transiting through the U.S.;

  4. crew members need to temporarily enter the U.S.  (Deadhead Crew);

  5. settling an estate;

Frequently, B1 visa applicants have to file an application Form DS-160 and schedule an appointment with a nearby U.S. Consulate or Embassy. You may be able to skip the interview if the applicant is 13 and younger, or 80 and older.  Each questions in the application must be filled carefully and truthfully. During the interview, the applicant needs to prove:

  1. the purpose of your trip is business related;

  2. you plan to stay for a specific limited period of time (generally shorter than 6 months);

  3. you have enough money to cover the expenses of your trip and your stay in the U.S. (room and board, insurance, airfare, etc)

  4. you have a residence outside the U.S. in which you have no intention of abandoning, as well as other binding ties which will convince the officer that you will return to your country at the end of your visit ( on-going job, company to manage, or other long-term obligations)

  5. lastly, you are not inadmissible to the U.S. (whether someone is admissible to the U.S. is not defined, but the grounds for "inadmissibility" is stated in Section 212 of the immigration nationality act.)

    • When one applies for a B1 visa, the officer ordinarily considers whether any of these inadmissible grounds apply, but a finding that none do is not conclusive. These grounds include: (a) health-related grounds, (b) criminal background grounds, (c)national security-related grounds, (d) violations of U.S. immigration law related grounds, (e) the public charge grounds, and (f) other grounds. Note, each of the above mentioned grounds have subcategories. Therefore, the officer who interviews has discretion based on the evidence presented to determine whether any of the inadmissibility grounds is present. Even if you pass your interview, when you finally land at a U.S. airport, the U.S. Custom Border Protection officer makes the final decision about whether you can be admitted to enter the U.S.

 

Note, having one of these five grounds does not automatically make you inadmissible. You may be able to seek a waiver of inadmissibility

B2 visa permits holders to come to the U.S. for the following reasons:

  1. Tourism/Vacation

  2. Visit relates and/or friends

  3. Seek medical treatment

  4. Participate in social events/concerts/sports/other contests

  5. Enroll in a short recreational course of study (culinary class, etc)

The standard of proof is similar to a B1 visa.

If you have questions about B1 or B2 visa or how to seek a waiver of inadmissibility, you can contact Li Law Group at our office in Omaha, Nebraska or call 402-391-2486.