Entry Visa

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 What is an Entry Visa?

An entry visa is a type of immigration document that is issued to nonimmigrant travelers who wish to enter and temporarily stay in the United States for a certain period of time. There are a vast assortment of entry visas to choose from, each one varying based on the reason for a person’s trip and on the amount of time they intend to remain in the United States.

For example, a nonimmigrant traveler may apply for an entry visa for a number of reasons, such as: 

  • To take care of business-related matters (i.e., a visitor visa or B-1 visa); 
  • For vacation or tourism purposes; 
  • To receive medical treatment; or 
  • To marry a U.S. citizen (i.e., a fiancé visa or K-1 visa).

In addition, there are different classifications for each type of visa. For instance, a person may apply for a single-entry visa if they only wish to enter the United States once for a short time. In contrast, they may need to apply for a multiple-entry visa if they wish to make multiple trips to and from the United States. 

There are also separate categories for entry visas, specifically, two: nonimmigrant visas and immigrant visas. A foreign-born national will need to determine whether they wish to obtain a nonimmigrant entry visa or an immigrant entry visa before they apply. 

For reference, a nonimmigrant entry visa is issued to persons who only intend to travel to the United States on a temporary basis, whereas an immigrant visa is issued to persons who wish to permanently live and work in the United States. 

In some cases, a foreign-born national may also have the option of applying for the Visa Waiver Program (“VWP”). The VWP allows those from approved countries to apply for entry to the U.S. for 90 days or less without having to obtain a nonimmigrant visa first. It should be noted that the requirements for the VWP are very strict and thus not everyone may be eligible for admission to the United States through this particular program. 

To learn more about the various types of U.S. entry visas that you can apply for, you should consult with a local immigration attorney to find out which one is best suited to your needs.

What are Single-Entry Visas and Multiple-Entry Visas?

As previously discussed, there are many classes of entry visas in the United States. The first, which is known as a single-entry visa, is typically issued to a nonimmigrant traveler who intends to visit the United States with a specific destination in mind and for a temporary period of time. 

In other words, a person who applies for a single-entry visa does so for a particular reason and will need to explain why they wish to travel to the U.S. during the application process. 

In most instances, a person will apply for a single-entry visa when they need to make a single trip to the United States. For example, a person who wants to take a two-week holiday in the U.S. or is visiting friends for a short amount of time would apply for a single-entry visa. 

A single-entry visa will allow a person to stay for a certain period of time. If a person wishes to return, they will need to return to their country of origin before their single-entry visa expires. They then apply for a new single-entry visa, or alternatively, a different kind of visa based on their needs.

On the other hand, a multiple-entry visa will be issued to nonimmigrant travelers who intend to take multiple trips to and from the United States over a longer period of time than is permitted for a single-entry visa. Depending on their reasons for applying for a multi-entry visa, a nonimmigrant traveler may be able to return as many times as they please or they may be prescribed a set number of visits within a certain time frame. 

Unlike a single-entry visa, a nonimmigrant traveler will not have to re-apply for a new multiple entry visa each time they decide to travel outside of the United States. In fact, multiple-entry visa holders do not need to apply for a new visa until the one that is issued to them currently expires. However, they may be required to leave the United States once the validity period on their current visa lapses, but will be allowed to return again at some point in the future. 

Briefly, the validity period refers to the particular time frame assigned to a specific visa and will usually range from anywhere between six months to twelve months, with a maximum of up to twenty-four months if the holder applies for a visa extension.

In addition, multiple-entry visas are generally harder to obtain than single-entry visas. The application process for a multiple-entry visa also tends to take longer and usually costs more when compared to the application process and price of a single-entry visa.  

What are Some Common Violations of Entry Visas?

There are a number of ways that a foreign-born national can violate the conditions of an entry visa. Some common examples of conduct that may lead to violation of the terms of an entry visa include:

  • Providing false information on a visa application; 
  • Overstaying the period of time that an entry visa is prescribed for;
  • Remaining in the United States with an expired entry visa;
  • Failing to renew an entry visa or comply with its other terms; and/or
  • Violating various other conditions that may apply to specific entry visas (e.g., being terminated while staying in the U.S. on a B-1 visa and refusing to leave). 

It is extremely important that a foreign-born national who is in the United States on an entry visa abide by all its terms. If for some reason they cannot get their entry visa renewed in time before it expires or if they violated a different condition of their entry visa due to a reason beyond their control, they should inform the U.S. Citizenship and Immigration Services (“USCIS”) agency immediately.

This can help them to avoid further delays in resolving the issue, prevent them from incurring a penalty, and will assist them in building a good faith case that they did not intentionally mean to violate their entry visa. 

Do I Need a Lawyer for Help with an Entry Visa?

In general, an entry visa can offer many benefits to its holder. However, entry visas can be somewhat difficult to obtain and they may be costly, depending on which type an individual requests. Therefore, if you need assistance with submitting an application for an entry visa, you should contact a local immigration attorney immediately for further advice. 

An experienced immigration attorney will be able to determine which kind of entry visa will best support your visit and can offer suggestions as to whether a different type of immigration document may be a better fit for your personal circumstances. Your attorney can also guide you through the corresponding application process and can make sure that you are prepared for your interview with an immigration officer. 

Additionally, if you have been accused of violating the conditions of your visa or of other U.S. immigration laws, your attorney will also be able to provide legal representation in court.

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