A B-2 visitor visa is a temporary (nonimmigrant) visa for
pleasure or medical treatment.
What law says about B-2 visitor?
"an alien (other than one coming for the purpose
of study or of performing skilled or unskilled labor or as a representative of foreign
press, radio, film, or other foreign information media coming to engage in such vocation)
having a residence in a foreign country which he has no intention of abandoning and who is
visiting the United States ... temporarily for pleasure."[§ 101(a)(15)(B) of the
Immigration and Nationality Act ("INA")]
What requirements for B-2 visitors?
- the alien has a foreign residence that he or she has no
intention of abandoning;
- the alien is entering the United States for a temporary
visit;
- the alien’s purpose of the visit is for pleasure; and
- the alien has sufficient funds to support himself or herself
without resorting to unauthorized employment.
Who can come to the United States as a B-2
visitor?
The INS Inspectors Field Manual ("IFM") also
provides a non-exhaustive list of specifically permitted B-2 activities at IFM
§15.4(b)(2). It states that, if otherwise admissible, admit the following as B-2:
 | An alien coming for purposes of tourism or to make social
visits to relatives or friends; |
| An alien coming for health purposes;
|
| An alien coming to participate in conventions, conferences,
or convocations of fraternal, social or service organizations;
|
| An alien coming primarily for tourism who also incidentally
will engage in a short course of study; |
| An amateur coming to engage in an amateur entertainment or
athletic activity, even if the incidental expenses associated with the visit are
reimbursed; |
| A dependent of an alien member of any branch of the U.S.
Armed Forces temporarily assigned to duty in the United States;
|
| A dependent of a category "D" visa crewman who is
coming to the U.S. solely for the purpose of accompanying the principal alien;
|
| An alien spouse or child, including an adopted alien child,
of a U.S. citizen or resident alien, if the purpose of the visit is to accompany or follow
to join the spouse or parent for a temporary visit; But a dependent of a nonimmigrant who
is not entitled to derivative status, such as in the case of an elderly parent of an E-1
alien; |
| An alien coming to marry a U.S. citizen or lawful permanent
resident with the intent to return to a residence abroad soon after the marriage;
|
| An alien coming to meet the alien's fiancé(e)'s family (to
become engaged; to make arrangements for a wedding; or to renew a relationship with the
prospective spouse); |
| A spouse married by proxy to an alien in the U.S. in a
nonimmigrant status who will apply for a change of status after consummation of the
marriage; |
| An alien who is entitled to the benefits of section 329 of
the Act (Naturalization) and who seeks to take advantage of such benefits irrespective of
the foreign residence abroad requirement of section 101(a)(15)(B);
|
| A dependent of an alien member of the U.S. Armed Forces who
qualifies for naturalization under section 328 of the Act and whose primary intent is to
accompany the spouse or parent on the service member's assignment to the United States;
|
| An alien destined to attend courses for recreational
purposes; or |
| An alien seeking to enter the U.S. in emergent
circumstances, when he or she is otherwise entitled to lawful permanent resident status.
For example: a permanent resident alien employed by a U.S. corporation is temporarily
assigned abroad but has necessarily remained more than 1 year and may not use Form I-551
in order to travel to the U.S. for an emergency and then return abroad. The alien has
never relinquished permanent residence, has continued to pay U.S. income taxes, and
perhaps even maintains a home in the United States. The alien may be issued a nonimmigrant
visa for this purpose and Form I-551 need not be surrendered.
|
What restrictions are there on B-2
visitors?
B-2 Visitors may not engage in employment.
How long can B-2 visitors stay in the
United States?
Generally six months. One extension is permitted for
another six months. Recently some hot heads at US INS tried to shorten B-2 visitors'
period of stay to 30 days. But the unwise attempt has attracted tremendous criticism because the attempt will NOT help America to fight against terrorism or
terrorists. Period! It will make American economy, more particularly American
tourism, suffer.
Good news is, by the time of this writing (June 26, 2002),
US INS is still issuing 6 month period of stay to B-2 visitors. (Nobody knows if
terrorists are among these visitors who have just been granted six-month stay, but
everybody knows that a terrorist can carry out his terrorist attack on America within 30
days if a B-2 visitor is a terrorist!) It will take collective effort to fight
against terrorists, but limiting tourists to 30 days' stay in the United States is not on
the point!
If you are a B-2 visitor and (1) have questions; (2) want
to change status; (3) want to extend your stay, please contact us before your authorized stay
expires.
How do I know when my
authorized stay expires?
