Visa law USA

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Visa law in the USA

Law firm for migration law in Kerpen, Cologne and Witten

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As soon as you want to travel to a country that is not in the EU or with which no clarifying visa agreement has been concluded, the question of a visa that entitles you to enter and stay in a particular country always arises. The visa for the United States of America, for example, is probably the most complicated and time-consuming to apply for. The question of the type of visa in particular will often present applicants with complex questions. The reason for this is that there is not one specific visa for the United States of America, but a variety of visas.

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Basic information

Lawyer for VISA law USA | General information on visa law in the USA

First of all, you should make sure that you have a valid passport. Normally, the visa is stuck into your passport so that you can enter or transit the country without any problems. Legally speaking, a visa is not a residence permit, which means that entry into the country is not guaranteed. This means that entry could be refused under certain circumstances, as entry and a residence permit are different things. A valid immigration permit or immigration visa is usually called a "green card".

If someone is in a situation where they do not have an immigrant visa but a US non-immigrant visa, they apply for the first time when attempting to enter the United States of America. Such a visa is available if you wish to enter the United States of America for tourism, study or work, for example. The immigration officials responsible at U.S. Customs and Border Protection (CBP) are the ones who approve the entry.

Normally, anyone wishing to enter the USA must apply for a visa. However, there are exceptions here too. For example, countries such as Germany, Austria and Switzerland participate in the "Visa Waiver Program", which allows you to enter the USA for up to 90 days without a visa. However, this only applies for certain entry purposes and not generally. Anyone who is unable to travel with the help of this program must apply for a visa. As this is a very time-consuming procedure, no time should be wasted here. The visa procedure is complex and time-consuming.

What types of visas are available for the USA?

Lawyer for VISA law USA | Differentiation of different forms of visas

The difference in the various visas is always the reason for entering the United States of America. Examples of this would be a business trip, visiting a relative, an internship or studying. In most cases, it will simply not be possible to enter the USA without a visa. However, the fundamental difference for the American authorities is whether it is a temporary non-immigrant visa or an immigrant visa (green card). The difference is that a person with a non-immigrant visa only wishes to stay in the United States of America for a limited period of time. With a green card, long-term residence without leaving the country is desired.

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The various visas for non-immigration

A distinction is made between different visas depending on the destination. The following is a list of which visa is intended for which purpose.

Study and internship

  • M-1 Visa - For persons wishing to visit a work-related institution
  • J-1 Visa - Exchange Program in the USA
  • F-1 visa - studying at an American university College - attending an educational institution

Visitor visa

  • B-1 visa - business trip for professional reasons up to 180 days
  • B-2 visa - tourists who want to spend up to 180 days on vacation in the USA
  • B-1 / B-2 visa - A combined visa for business trips with tourism

The work visa

This type of visa is the one with the most constellations and possibilities. There are different categories, as there is no "one" or "the" work visa for the United States of America. The visas differ in terms of the requirements for access, the application and the costs or processing time. 

However, the prerequisite for all of the following types of visa is a specific job offer from an American employer. The applicant is therefore always a company from the USA for the foreign applicant. In any case, it must be made clear that the visa applied for and probably approved is only valid for one employer. If the job is therefore changed, the visa also loses its validity.

  • TN visa - skilled workers from Canada and Mexico
  • O-1 visa - persons with exceptional abilities
  • L-1 Blanket Visa - Intra-company employee transfer
  • L-1 Visa - Intra-company employee transfer of all nationalities
  • I visa - journalists and media representatives
  • H-1B Visa - Highly qualified professionals and persons with an academic degree
  • E-2 Visa - Managers of companies that have invested in the USA
  • E-1 Visa - Managers trading with the USA
  • E-registration - Simplified application process for US branches based on trade or investment
  • C-1 / D visa - crew members of international airlines or ships
As this list makes relatively clear, there are a large number of non-immigrant visas, for which the reason is always different. However, the visas also differ in terms of pricing. A simple business or tourist visa costs on average 185.00 $, while a visa for traders can cost up to 315.00 $. On top of these costs, there may be a fee for issuing the visa. This depends on whether the country of departure charges a fee for the entry of a US-American. For this reason, these costs are also called "reciprocity costs".
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Applying for a visa

Lawyer for VISA law USA | Instructions for applying for a non-immigrant visa

If you still haven't lost track of the multitude of visas, you will now be wondering how to apply for a visa. There is a good step-by-step guide that you should follow. These steps only apply to the application for a non-immigrant visa.

Step 1: Determine which visa category is required. What requirements and application elements do I need? Can I possibly travel without a visa?

Step 2: Completion of the DS-160 form, for which there are certain guidelines on how the form must be completed. Once the form has been submitted, nothing can be changed. A Lawyerwho is familiar with immigration law.

Step 3: Payment of the application fee according to the respective bank and payment options.

Step 4: Apply for an appointment for an interview. This must have been carried out before you enter the country.

Step 5: Conduct the interview. This is usually conducted at the US embassy or consulate.

Step 6: You will receive the documents back once the visa has been approved. You can either collect them or they will be sent to you.

Lawyer for VISA law USA | Instructions for applying for an immigrant visa

Different guidelines and steps apply to the immigrant visa application. With a US immigrant visa, the United States of America assumes that you want to live, work or study permanently in the USA. Here too, the visa is divided into different types. Categories include immediate relatives, family-based, work-based or the Diversity Immigrant Visa Program (green card lottery). Applying for this visa is a three-step process:

Step 1: Submitting the application for an immigrant visa to the USCIC (US Immigration and Naturalization Service)

Step 2: The application is processed by the National Visa Center or the US Consulate in Frankfurt.

Step 3: Conducting the immigration interview.

It is therefore only possible to obtain a green card if you take up employment, plan to reunite your family or take part in the lottery. As a rule, the green card is valid for life. Unless you lose your green card again, for example because you have been abroad for too long.

Since the visa law of the United States of America is very complex, the Baumfalk Law Office is the right contact for questions about visa law in the USA. Among other things, we offer the best connections to the United States of America and have very good Correspondent Attorneys at hand, who will also be happy to assist you.

Do you need assistance with applying for a non-immigrant or immigrant visa for the USA?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for migration law in Kerpen, Cologne and Witten

Migration law | Strong partner for applying for a USA visa

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