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Bromberg, Kohler Maya & Petre, PLLC has a long history of assisting clients requesting non business visas.  Our attorneys and support staff are capable of assisting you through all the process.

The following are some of the type of Non Business Visas:

Extension or Change of Status

If circumstances change and you will not be leaving within the period of authorized stay, it is essential that you file to extend or change your status before it lapses. We have assisted many individuals in extending and changing their status.  It is important to understand the distinction between the period of validity of the visa and the period of authorized stay.  A ten-year visitor visa does NOT mean the individual is authorized to stay in the U.S. for ten years.

Generally in order to be eligible to change or extend non-immigrant status, an individual must be maintaining a valid status. If not, he or she may be required to travel to a US Consulate outside to apply for a new visa. It is very important for an individual to seek advice regarding his or her eligibility to leave the United States and apply for a visa before deciding to do so.

Please note that recent changes have been introduced the rules on unlawful status for students and others that were admitted to the US for the “duration of status” which may have a significant impact on eligibility to apply for a new visa. Please Contact us and follow our Facebook page for important updates and developments on this and other important immigration issues.

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Fiancé Visa

This visa allows future spouses of US citizens to travel to the U.S and marry. With very limited exceptions, the couple must show that they have met in-person less than two years before filing the petition, and must demonstrate that they communicate regularly.  The process is initiated by the US citizen filing a petition (Form I-129F) on behalf of his or her fiancé/fiancée. Once the petition is approved by US Citizenship and Immigration Services (USCIS), the file is sent to the National Visa Center of the Department of State and then to the embassy in the fiancée’s country for additional processing.  An individual who enters with a fiancé visa must marry the petitioner within 90 days of entering the United States. Minor children of the fiancé/fiancée may also enter the US on a derivative visa. Once the marriage has taken place the foreign national must then apply for permanent residence through the adjustment of status process.

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Student Visas

Student visas are a popular option for individuals who wish to study in the United States.  Generally applicants must demonstrate sufficient financial resources and ties abroad, and be prepared to undertake and maintain full-time study. F-1 visa applicants must be accepted at a school, college, or university that has been approved by the United States Citizenship and Immigration Service (USCIS). Under very limited circumstances, it is also possible to obtain F-1 visas to study at public primary and secondary schools.  Vocational programs usually involve M-1 visas.

After acceptance by a U.S. school, the foreign student will receive a Form I-20, to use to apply for the F-1 visa at the U.S. consulate in the country where he or she currently resides. F-1 visa applicants must demonstrate financial independence and intention to stay temporarily in the US.

F-1 students may bring their spouses and unmarried children under the age of 21 with them to the United States on F-2 visas. In order for family members to obtain F-2 status, F-1 students must present evidence of sufficient financial resources to cover all expenses of their family members during their stay because they will be ineligible to work in the United States. In many developing countries, it is difficult to obtain F-2 visas because USCIS believes that it is more likely that students will attempt to stay in the United States if their family members are also in the country.

In certain circumstances, F-1 students may be eligible to work up to 20 hours per week on the school campus, or be allowed to participate in off-campus training programs and internships, assuming that the training is a degree requirement or part of the general curriculum of the selected course of study. A designated school official must authorize both on-campus and off-campus employment assignments.

Other types of employment require a work authorization document from USCIS in addition to the approval of a school official. F-1 students can work off-campus in a field related to their studies for up to 20 hours per week while school is in session. They can also work full-time during vacations and recess periods. However, USCIS will deduct the time worked from the one year of practical training usually allowed after degree completion (OPT).

Also, in the case that an unforeseen circumstance places F-1 students in a situation of unexpected economic hardship, they may be eligible to work at a job of their choosing for up to 20 hours while school is in session and full time during vacation periods. In addition to providing evidence of the change in economic status, F-1 students must be in good academic standing and must apply for work authorization from USCIS. Although students with F-1 visas are typically permitted to remain in the U.S. for duration of status, they can lose that status by violating the terms of the visa.  It is extremely important that foreign students maintain a full-time course load and not work without authorization.  They should communicate frequently with the Designated School Official (DSO) to ensure that there are no lapses in their student status, and must not change schools or drop courses without consulting with an immigration lawyer and/or the DSO of both schools. If for medical or mental health reasons a student needs to take a reduced course load, it is possible to obtain an exception, however the health problem must be documented and communication with the DSO and/or an immigration lawyer is crucial. Further sources of information on student visas.

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Visitor Visas

Many travelers to the U.S come as visitors on a B1/B2 visa.  Visitors to the United States need to apply for a visitor visa to be able to come to the U.S. for short periods for tourism, medical attention or certain business activities, which may NOT include employment.  (Members of “visa waiver countries” who qualify may not need to explicitly apply for a visa.It is crucial to understand what activities are and are not permitted while a visitor is in the U.S.  Many individuals are denied a visa, refused admission to the United States at the airport after obtaining the visa, or violate their visa status because they are unaware that, certain activities such as, enrolling in school or working are not permitted on a visitor visa, or that they may not stay beyond the period authorized by Customs and Border Patrol (CBP) without applying for an extension, even if the visa is still valid.

Violations of immigration law (even accidental ones) and/or statements made at the visa interview can limit or completely eliminate options to visit or immigrate to the United States. Our office can advise clients on addressing the government’s concerns, maximizing the likelihood of being granted a visa, and being admitted smoothly at the port of entry.  (While a visa authorizes the United States to admit the individual in that status, the final decision as to admission is made by Customs and Border Patrol).  We also advise applicants on the requirements for maintaining valid status after entry.

Please Contact us and follow our Facebook page for important updates and developments on this and other important immigration issues.

Contact us for more information.

The content of this website is meant only to acquaint you with general information about immigration.This information is not legal advice and is not a substitute for having a consultation with an attorney. If you have additional questions or would like to schedule a consultation, please contact us.