B
O
C
SPECIFIC VISA ISSUES:
No. In most cases Canadian citizens are eligible to enter the U.S.
without visas.
Except for E status for investors, Canadians do not have to go to
the U.S. Consulate in Canada prior to entering the U.S. in one of
the nonimmigrant categories.
On the other hand, preliminary approval by the USCIS of certain
types of nonimmigrant status is required--certain applications
must first be filed at the USCIS regional processing centers.
The approval notice is then submitted to the officer at the border
on entry and an I-94 card is issued indicating the Canadian's
status in the U.S. and authorized period of stay.
An exception is that Canadians are generally not given I-94
cards as tourists or business visitors and consequently have no
proof of their authorized period of stay.
What are the advantages and disadvantages of the Visa
Waiver Program and who is eligible?
The Visa Waiver Program is available to nationals from certain
countries that the U.S. has determined should be able to travel
freely to the U.S.
The visa waiver is available only to visitors for pleasure or
business travel. The advantage is that such individuals do not
need to visit to the U.S. Consulate in their country to obtain B-
1/B-2 visas prior to entering the U.S.
The disadvantage is that the visa waiver is only available for 90
days and does not allow extension of stay, change of status to
another nonimmigrant category or adjustment of status to lawful
permanent residence.
One exception is that spouses of U.S. citizens may adjust status
to lawful permanent residence after entering under a visa waiver
provided they did not enter the U.S. with preconceived intent to
remain and that they did not use the visa waiver process as a
means of getting around the law.
What are the advantages of going to Canada or Mexico to
obtain a new visa rather than to one's own country?
The advantage is that this option may save the foreign national
from having to make a tedious, time-consuming and expensive
visit to the consulate in their home country.
NOTE: As of April 1, 2002, foreign nationals who apply for U.S.
visas in Canada or Mexico and are denied, will be unable to re-
enter the U.S. on their I-94 cards, even if they have been absent
from the U.S. for under 30 days.
Do I need to have my visa stamped on my passport for it to
be valid?
You do not need to have your non-immigrant visa stamped in
your passport if you are already present in the U.S.
A visa approval notice from the immigration service is sufficient if
it contains an I-94 section at the bottom of the approval
(otherwise, you must travel outside of U.S. to get the visa
stamped).
However, if you are currently outside of the U.S. or if you travel
outside of the U.S., you will need the visa stamped in your
passport or a green card in order to enter or return to the U.S.
Why are some individuals able to easily obtain temporary
visas to enter the U.S. while others are not?
Most temporary visas (excep for Hs, Ls, and Os) require that the
individuals have only temporary intent to reside in the U.S.
While applying for visas they will be presumed to have
permanent intent and it is their burden to establish otherwise.
Each consular official makes intent determination based on
whether individuals can show substantial ties to their country
such as property, a job, and/or close family.
It is more difficult to establish temporary intent when coming from
a country with serious political or economic problems or with a
high rate of emigration to the U.S. Anyone applying for a
temporary visa should carefully prepare documentation to
establish those ties.
GENERAL ATTORNEY INQUIRIES:
Does immigration law vary from state to state or from
region to region and is there any special reason an
attorney should be hired from the same geographic area?
Immigration law is federal and thus, remains the same from state
to state.
While there are certain differences in procedures between
various district offices and regional USCIS offices, these are
minor differences that can be ascertained with an inquiry.
The majority of cases are handled through the mail and without
any personal appearances, therefore, an immigration attorney
can represent a client anywhere in the U.S.
An exception to this would be for people in deportation or
removal proceedings, which require local court appearances. In
such cases it is advisable to obtain local counsel.
Although the naturalization process is relatively simple
and many individuals undertake it without any legal
counsel, under what circumstances should an individual
seek legal counsel before applying?
Anyone who has committed criminal offenses, no matter how
minor or how long ago, should seek legal counsel before
pursuing the naturalization process.
Similarly, individuals who have spent prolonged periods outside
the U.S. should have their case carefully evaluated before filing
an application.
No. In most cases Canadian citizens are eligible to enter the U.S.
without visas.
Except for E status for investors, Canadians do not have to go to
the U.S. Consulate in Canada prior to entering the U.S. in one of
the nonimmigrant categories.
On the other hand, preliminary approval by the USCIS of certain
types of nonimmigrant status is required--certain applications
must first be filed at the USCIS regional processing centers.
The approval notice is then submitted to the officer at the border
on entry and an I-94 card is issued indicating the Canadian's
status in the U.S. and authorized period of stay.
An exception is that Canadians are generally not given I-94
cards as tourists or business visitors and consequently have no
proof of their authorized period of stay.
What are the advantages and disadvantages of the Visa
Waiver Program and who is eligible?
The Visa Waiver Program is available to nationals from certain
countries that the U.S. has determined should be able to travel
freely to the U.S.
The visa waiver is available only to visitors for pleasure or
business travel. The advantage is that such individuals do not
need to visit to the U.S. Consulate in their country to obtain B-
1/B-2 visas prior to entering the U.S.
The disadvantage is that the visa waiver is only available for 90
days and does not allow extension of stay, change of status to
another nonimmigrant category or adjustment of status to lawful
permanent residence.
One exception is that spouses of U.S. citizens may adjust status
to lawful permanent residence after entering under a visa waiver
provided they did not enter the U.S. with preconceived intent to
remain and that they did not use the visa waiver process as a
means of getting around the law.
What are the advantages of going to Canada or Mexico to
obtain a new visa rather than to one's own country?
The advantage is that this option may save the foreign national
from having to make a tedious, time-consuming and expensive
visit to the consulate in their home country.
NOTE: As of April 1, 2002, foreign nationals who apply for U.S.
visas in Canada or Mexico and are denied, will be unable to re-
enter the U.S. on their I-94 cards, even if they have been absent
from the U.S. for under 30 days.
Do I need to have my visa stamped on my passport for it to
be valid?
You do not need to have your non-immigrant visa stamped in
your passport if you are already present in the U.S.
A visa approval notice from the immigration service is sufficient if
it contains an I-94 section at the bottom of the approval
(otherwise, you must travel outside of U.S. to get the visa
stamped).
However, if you are currently outside of the U.S. or if you travel
outside of the U.S., you will need the visa stamped in your
passport or a green card in order to enter or return to the U.S.
Why are some individuals able to easily obtain temporary
visas to enter the U.S. while others are not?
Most temporary visas (excep for Hs, Ls, and Os) require that the
individuals have only temporary intent to reside in the U.S.
While applying for visas they will be presumed to have
permanent intent and it is their burden to establish otherwise.
Each consular official makes intent determination based on
whether individuals can show substantial ties to their country
such as property, a job, and/or close family.
It is more difficult to establish temporary intent when coming from
a country with serious political or economic problems or with a
high rate of emigration to the U.S. Anyone applying for a
temporary visa should carefully prepare documentation to
establish those ties.
GENERAL ATTORNEY INQUIRIES:
Does immigration law vary from state to state or from
region to region and is there any special reason an
attorney should be hired from the same geographic area?
Immigration law is federal and thus, remains the same from state
to state.
While there are certain differences in procedures between
various district offices and regional USCIS offices, these are
minor differences that can be ascertained with an inquiry.
The majority of cases are handled through the mail and without
any personal appearances, therefore, an immigration attorney
can represent a client anywhere in the U.S.
An exception to this would be for people in deportation or
removal proceedings, which require local court appearances. In
such cases it is advisable to obtain local counsel.
Although the naturalization process is relatively simple
and many individuals undertake it without any legal
counsel, under what circumstances should an individual
seek legal counsel before applying?
Anyone who has committed criminal offenses, no matter how
minor or how long ago, should seek legal counsel before
pursuing the naturalization process.
Similarly, individuals who have spent prolonged periods outside
the U.S. should have their case carefully evaluated before filing
an application.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
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Questions: Specific Visa Issues
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