Tourist

Foreign Residence

All tourist visa applicants must demonstrate to a consular officer at a U.S. Embassy that they meet all of the requirements as stated in the Immigration and Nationality Act (Act).  One particularly noteworthy section of the Act is 214(b), which states that all tourist visa applicants are presumed to be intending immigrants.  However, as stated above, a tourist visa is designed for individuals who are only intending to travel to the U.S. for a temporary period of time.

To overcome this legal presumption, an applicant for a tourist visa must be a foreign national who has a permanent residence in a foreign country.  The applicant must have no intention of abandoning that foreign residence and they must prove that they are coming to the United States solely on a temporary basis.  In other words, they must show that they are only planning on remaining in the U.S. for a specific, limited period of time.  The best way of proving this nonimmigrant intent is by presenting proof of social or economic ties to the applicant’s home country; ties that will ensure you return to your home country at the end of your visit.

Validity Of Tourist Visa

Tourist visas are commonly valid for 10 years and permit multiple trips to the U.S.  However, though multiple trips are permitted, the foreign national will have to be careful about not visiting the U.S. too often.  If the officer inspecting the tourist visa holder at the port-of-entry believes that the foreign national is essentially using their tourist visa to reside in the U.S., then it is always possible that they may be required to return to their native country.  Regardless, unless your tourist visa is cancelled or revoked, it will be valid until the expiration date stated on the visa.

Waiver Of Inadmissibility

Applicants for tourist visas must prove that they are admissible to the U.S.  This means that they must not be inadmissible under the various categories set out in the Act.  These categories include foreign nationals who have certain health disorders that may pose a threat to the alien or others, those convicted of crimes involving moral turpitude, those who have previously accrued too much “unlawful presence” in the U.S., those who have made a material misrepresentation to obtain an immigration benefit, etc.

Applicants who are inadmissible to the U.S. may still be eligible for a tourist visa despite their inadmissibility.  Their inadmissibility would be excused if they were granted a nonimmigrant visa waiver.  As with all things immigration, the waiver is more difficult to obtain than it would seem at first glance, but it is certainly possible.  Please review the section of our website discussing nonimmigrant visa waivers.

Reeves Immigration Law Group – Full-Service Immigration Law Firm

There are plenty of people throughout the world who simply want to visit the United States and its historical landmarks.  They do not necessarily want to live in the U.S. permanently, but rather just want to see the Statue of Liberty, or walk on the famous Las Vegas Strip.  Despite this nonimmigrant intent, obtaining a tourist visa will not be easy.  But the skilled legal team at Reeves Immigration Law Group can help.  Contact us today for a confidential consultation about your case.