How to Obtain Your U.S. Immigration Visa for a Temporary Stay: The Non-Immigrant Visa Kit : Immigration Manual

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Format: Paperback
Pub. Date: 2003-01-01
Publisher(s): Do It Yourself Legal Pub
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Table of Contents

Foreword: The Publisher's Message i
What this Manual Will Do For You i
The National Scope -- And Purpose -- Of This Manual ii
Long-standing Recognition Of the Need for This Type of Guidebook ii
The New World of Terrorism & The New Age of U.S. Immigration Policy Of The Post-September 11th 2001 Era! iv
Here's The Fundamental Essence and Message iv
Postscript: The New Immigration Era of Post-September 11th 2001! A Probable New Way of Doing Immigration Business in America
A ``lax'' U.S. Immigration System Prior To September 11th 2001? vi
The Probable Changes of the Future vi
But Here's The Good News For Aliens vii
Introduction: How to Use This Manual 1(3)
A Brief History of American Immigration Laws & Trends: An Overview
Nation of Immigrants
4(1)
The Beginnings of Regulation of Immigration
4(1)
Highlights in U.S. Legislative Immigration History
5(4)
All the Different Types of Visas by Which One Can Gain Entry into the U.S: The Immigrant & Non-Immigrant Visas
What is a Visa?
9(1)
The Two Major Broad Groups of U.S. Visas
9(2)
The Immigrant type
10(1)
The Non-immigrant type
10(1)
The Different Types or Classes of Non-Immigrant Visa Available
11(3)
A Few Special Cases When Aliens May Be Exempted From Having a Visa For Entry, Into The U.S.
14(3)
The Visa Waiver Program
14(1)
Countries Which Are Covered In the Visa Exemption Program
15(1)
The Minimum Conditions Required
15(2)
The Various Types of Non-Immigrant Visas Available: An Overview
There Are Many Different Types of Non-Immigrant Visas
17(1)
The Selected Non-Immigrant Visa Classes We Shall Address In This Manual
17(1)
Getting a Visa as a Business or Tourist Visitor: The B-1 and B-2 Visas
What Is a B-1 or B-2 Visa
18(1)
Who Qualifies
18(1)
Common Factors In Deciding Whether a B Visa Could Be Granted
19(1)
Application Procedures For A Visa
19(6)
Determine Where You Are To File: Is It Abroad or In The U.S.?
19(1)
Inquire About Your Local U.S. Consulate's or INS's Filing Policy Procedures
20(1)
Basic Forms Used
21(1)
General Supporting Documents For Most Non-Immigrant Visa Situations
21(2)
File The Forms and Supporting Documents With the U.S. Consulate
23(1)
Attend The Visa Interview, If One Is Required In Your Case
23(1)
Final Approval of Your Visa Application
23(1)
Now, Get Formally ``Admitted'' Into The U.S.
24(1)
What To Do If Your Visa Application Is Denied
24(1)
Getting a Visa as a Treaty Trader or Investor: The E-1 and E-2 Visas
What Is An E-1 or E-2 Visa
25(1)
Who Qualifies For E Type Visa
25(1)
Treaty Trader or E-1 Visa
26(1)
List of The E-1 Treaty Countries
26(1)
Treaty Investor or E-2 Visa
26(1)
Basic Requirements For E-1 and E-2 Visas Compared
27(2)
Nationals Of Other Countries Who Qualify For The E-2 Visa
29(1)
Application Procedures For a Visa
29(10)
Determine Where You Are To File: Is It Abroad or In the U.S.?
29(1)
Inquire About Your Local U.S. Consulate's or INS's Visa Fling Policies and Procedures
30(1)
Application Forms Used
30(1)
General Supporting Documents For Most Nonimmigrant Situations
30(2)
Supporting Documents Specific to ``E'' Visa Classes
32(1)
For the Treaty Trader (E-1) Case
32(1)
For Treaty Investor (E-2) Case
33(1)
File The Forms and Supporting Documents With the U.S. Consulate or INS
33(1)
Attend the Visa Interview, If One is Required In Your Case
34(1)
Final Approval of Your Visa Application
34(1)
Now, Get Formally ``Admitted'' Into the U.S.
35(1)
What To Do If Your Visa Application is Denied
35(1)
What You Can Do In The Petition Phase
35(1)
What You Can Do In The Application Phase
36(1)
Explanatory Notes
37(2)
Getting a Visa as an Academic, Vocational or Exchange Student: The F, M, and J Visas
The Three Main Classes Of Education Visa
39(1)
The Academic Student Or ``F'' Visa
39(2)
Nature Of The F-1 Students Program
39(1)
Who Qualifies For an F-1 Visa
40(1)
Proof Of Temporary Intent By The Alien Prospective Student
41(1)
The Vocational Student Or ``M'' Visa
41(1)
Eligibility For M-1 Visa
41(1)
Foreign Exchange Student Or ``J'' Visa
42(2)
Basic Nature Of J-1 Program
42(1)
Possible Waiver of The Requirements
43(1)
Foreign Nationals Who Use Or Seek The J-1 Visa Fall Into Four Groups
43(1)
Who Qualifies For J-1 Visa
43(1)
How To Apply For An F, M, Or J Visa
44(2)
Where You May File Your Application: Is It Abroad Or in the U.S.?
44(1)
Inquire About Your Local U.S. Consulate's or INS's Filing Policies And Procedures
44(1)
Application Forms Used
44(2)
Supporting Documents
46(1)
Final Steps In Concluding The Securing Of The Visa
46(1)
Getting a Visa as a Temporary Specialty Worker: The H-1B Visa
The Three Different Classes of The H Visa
47(1)
The H-1B Visa or Specialty Occupation Temporary Worker Alien
47(1)
The Rights And Privileges Conferred By H-1B Visa
47(1)
Who Qualifies For the H-1B Visa
48(1)
The Attractive Aspects of The H-1B Visa
49(1)
How To File For The H-1B Visa
50(5)
The Visa ``Petition'' Phase
50(1)
Supporting Documents For Visa Petition
51(1)
Approval of the Visa Petition
52(1)
The Visa ``Application'' Phase
52(1)
Where You May File The Application: Is It Abroad or In the U.S.?
52(1)
Inquire About Your Local U.S. Consulate's or INS's Visa Policies And Procedures
53(1)
Forms And Documents Used
53(1)
Supporting Documents To Attach
53(1)
File The ``Application'' Papers With The U.S. Consulate or The INS, As Applicable
53(1)
Attend The Visa Interview, If One Is Required In Your Case
53(1)
Final Approval Of Your Visa Application
54(1)
Now, Get Formally ``Admitted'' Into The U.S.
54(1)
You May Be Denied A Visa. What Can You Do?
54(1)
Getting a Visa as a Temporary Non-Agricultural Worker: The H-2B Visa
What Is The H-2B Visa Or Temporary Nonagricultural Worker Alien
55(1)
The Rights And Privileges Confered By H-2B Visa
55(1)
Who Qualifies For The H-2B Visa
55(2)
The Basic Requirements For Qualification For an H-2B Visa
55(1)
Job Offer Must Be One Of The Appropriate Nature
55(1)
Alien Must Possess The Correct Background
56(1)
There Should Be No Qualified Americans Available For The Position
56(1)
Alien Must Show Absolute Intent To Return To His Home Country
57(1)
Some Basic Difference Between The H-1B And H-2B Visas
57(1)
How To File For The H-2B Visa
58(5)
The Temporary Labor Certification Phase
58(1)
The Visa ``Petition'' Phase
59(1)
Supporting Documents For Visa Petition
59(1)
Approval of the Visa Petition
60(1)
The Visa ``Application'' Phase
60(1)
Where You May File the Application: Is It Abroad or In the U.S.?
61(1)
Inquire About Your Local U.S. Consulate's or INS's Visa Policies And Procedures
61(1)
Forms And Documents Used
61(1)
Supporting Documents To Attach
61(1)
File The ``Application'' Papers With the U.S. Consulate or The INS, As Applicable
61(1)
Attend The Visa Interview, If One Is Required In Your Case
62(1)
Final Approval Of Your Visa Petition
62(1)
Now, Get Formally ``Admitted'' Into The U.S.
62(1)
You May Be Denied A Visa. What Can You Do?
62(1)
Getting a Visa as an Industrial Trainee Temporary Worker: The H-3 Visa
What Is The H-3 Visa Or Industrial Trainee Temporary Worker Alien
63(1)
Who Qualifies For the H-3 Visa
63(1)
How To File For The H-3 Visa
64(5)
The Visa ``Petition'' Phase
65(1)
Supporting Documents For Visa Petition
65(1)
Approval of The Visa Petition
66(1)
The Visa ``Application'' Phase
66(1)
Where You May File The Application: Is It Abroad or In the U.S.?
66(1)
Inquire About Your Local U.S. Consulate's or INS's Visa Policies And Procedures
66(1)
Forms And Documentations Used
67(1)
Supporting Documents To Attach
67(1)
File The ``Application'' Papers With the U.S. Consulate or The INS, As Applicable
67(1)
Attend The Visa Interview, If One is Required In Your Case
67(1)
Final Approval of Your Visa Application
67(1)
Now, Get Formally ``Admitted'' Into The U.S.
68(1)
You May Be Denied a Visa. What Can You Do?
68(1)
The K-1 Visa: A Special Entry Visa for Fiance(E)S Engaged to Marry U.S Citizens
What Is a K-1 Visa
69(1)
How The K-1 Visa Works
69(1)
The Uniqueness and Benefits of the K-1 Visa
69(1)
How To Qualify For a K-1 Visa
70(1)
How To File For The K-1 Visa
70(1)
Complete These Forms
70(1)
File The Completed
71(1)
Final Steps In Concluding The Securing Of the K-1 Visa
71(2)
Getting a Visa as an Intra-Company Transferee: The L-1 Visa
What Is The L-1 Visa Or Intra-Company Transferee Alien
73(1)
Who Qualifies For The L-1 Visa
73(1)
Who Qualifies As a Manager, An Executive or Person With Specialized Knowledge
74(1)
Who Qualifies as a Manager
74(1)
Who Qualifies as an Executive
74(1)
Who Qualifies as A Person With Specialized Knowledge
75(1)
Blanket L-1 Visa: A Special, Privileged Case For Large Companies
75(1)
The Attractive Aspects of The L-1 Visa
76(1)
How To File For The L-1 Visa
77(6)
The Visa ``Petition'' Phase
78(1)
Supporting Documents For The Visa Petition
78(1)
Include These Specific/Additional Documents If Filing a Blanket L-1 Petition
79(1)
Approval of the Visa Petition
80(1)
The Visa ``Application'' Phase
80(1)
Where You May File The Application: Is It Abroad or In the U.S.?
80(1)
Inquire About Your Local U.S. Consulate's or INS's Visa Policies And Procedures
81(1)
Forms And Documents Used
81(1)
Supporting Documents To Attach
81(1)
File The ``Application'' Papers With the U.S. Consulate or The INS, As Applicable
81(1)
Attend The Visa Interview, If One is Required In Your Case
81(1)
Final Approval of Your Visa Application
82(1)
Now, Get Formally ``Admitted'' Into The U.S
82(1)
You May Be Denied a Visa. What Can You Do?
82(1)
Some Specialized Temporary Work Visa Categories for Various Professionals in the Sciences, Arts, Education, Business, Athletics, Entertainment, and in Religion: The O, P, and R Visas
The Specialized Work Visas Covered In This Chapter
83(1)
The ``O'' Visa
83(1)
The ``P'' Visa
83(1)
The ``R'' Visa
83(1)
O-1 Visa: Aliens of Extraordinary Ability In The Sciences, Arts, Education, Business And Althetics
83(3)
What Is The O-1 Visa
83(1)
Requirements For O-1 Visa
83(1)
Qualifying In Science, Education, Business or Athletic Sub-category
83(1)
Qualifying In The Arts Sub-category
84(1)
Qualifying In The Motion Picture And Television Industry Sub-catyegory
85(1)
The O-2 Visas: Support and Assisting Persons To O-1 Visa Holders
85(1)
The O-3 Visas: Accompanying Relatives of O-1 and O-2 Visa Holders
86(1)
The P-1 Visa: Visa For Outstanding Alien Athletes, Athletic Teams, And Entertainment Companies
86(2)
The Two Main Classes In The P-1 Visa Category
86(1)
Requirements For The P-1 Visa
86(1)
Qualifying In The Athletic Sub-category
86(1)
Qualifying in the Entertainment Field Sub-category
87(1)
Special Provisions For Alien Circus Personnel And Certain Entertainment Groups
88(1)
P-2 Visas: For Participants In Reciprocal Exchange Programs
88(1)
P-3 Visas: For Performers In Culturally Unique Programs
88(1)
P-4 Visas: For Accompanying Relatives of Other P Visa Holders
89(1)
The R-1 Visa: Visa For Religious Workers
89(3)
The Requirements for an R-1 Visa
90(1)
The criteria for Classification of an R Religious Worker
90(1)
Characteristics of a Religious Denomination
90(1)
Requirements for a Nonprofit Organization
90(1)
Certification from Employing Religious Organization
91(1)
Temporary Intent Requirement For R Visa Alien; Duration of Stay
91(1)
How To File For The O, P, And R, Visas
92(5)
The Visa ``Petition'' Phase
92(1)
Supporting Documents For Visa Petition
92(1)
General For O And P Visas
92(1)
Special For O and P Visas
93(1)
Special For R Visas
94(1)
Approval of the Visa Petition
94(1)
The Visa ``Application'' Phase
95(1)
Where You May File The Application: Is It Abroad or In the U.S.?
95(1)
Inquire About Your Local U.S. Consulate's or INS's Visa Policies And Procedures
95(1)
Forms And Documentations Used
95(1)
Supporting Documents To Attach
96(1)
File The ``Application'' Papers With the U.S. Consulate or The INS, As Applicable
96(1)
Attend The Visa Interview, If One is Required In Your Case
96(1)
Final Approval of Your Visa Application
96(1)
Now, Get Formally ``Admitted'' Into the U.S.
96(1)
You May Be Denied a Visa. What Can You Do?
96(1)
How to Properly Complete the Visa Application Form
This Form Is Basic For Your Whole Application
97(1)
Now, Let's Complete The Typical Questions Posed In Form OF-156
97(8)
Handling the Issue of the Alien's Intent: A Critical Determinant in Whether you Get a Visa in Most Nonimmigrant Visa Situations
What Is The 'Alien Intent' Issue?
105(1)
How The Alien Intent Question Comes Up in Practice
105(2)
The Theory of ``Pre-conceived Intent'' of Alien
107(1)
The Alien Intent Issue As a Reality In Non-Immigrant Visa Processing
107(1)
The Intent Problem As Apparent Reflection of Certain Legitimate Concerns And Past Experiences of The Immigration Establishment
108(2)
The Visa Interview
You May or May Not Be Subject To An Interview
110(1)
Bring The Originals, Not Just The Copies Of The Documents With You For Verification
110(1)
The General Nature Of The Interview
111(1)
The Typical Issues In an Interview
111(3)
The Central Key To A Successful Visa Interview: Absolute Truthfulness
114(2)
How Do You Best Prepare For An Interview?
116(2)
Entering The United States: The Process of Getting Actually ``Admitted'' into the Country After You've Got Your Visa in Hand
Evidence of Your Visa Issuance
118(1)
Going Through Inspection At the Port of Entry
118(4)
Here's The Way The Admission Process Works, In Brief:
119(1)
You May Be Subjected To Long Interview and/or Thorough Inspection, or Little or None At All
119(3)
Admission or Denial of Admission
122(1)
If Denied Admission, You Could Seek a Review: ``Exclusion'' Hearing
122(1)
Rights of Detained Aliens And The Procedures In Exclusion Hearings
122(2)
If Denied The Right To Remain In The U.S., You Could Seek A Review: Deportation Proceedings
124(1)
Rights of Aliens And Procedures In Deportation Hearings
124(1)
A Word Of Advice For Persons Seeking Entry or Facing Exclusion or Deportation
125(2)
Legal Grounds for Inadmissibility of Aliens to the United States
What Is Inadmissibility?
127(1)
The New ``Summary Exclusion'' Law Against Unlawfully Present Aliens
128(1)
Nature of The Grounds of Inadmissibility
128(1)
Basis For Possibly Reversing An Inadmissibility Finding
129(7)
Ways By Which An Inadmissibility Decision May Be Reversed
129(1)
Factors Such As The Following May Be Helpful To Your Case
130(1)
Filing For A Waiver
131(5)
Inside the U.S. Immigration Office: How They Work, How to Get the Best Results in Your Vsa Processing
Finding Out About The Procedures Of Your Local Immigration Office
136(1)
Immigration Forms Procedures
136(1)
Here's The Basic Key IN Correctly Filling Out The Forms
137(1)
Do Not Send The Originals Of Your Documents
137(1)
Keep a Complete File of Your Own
137(1)
The Proper Visa Photo Specifications To Use
138(1)
The Evaluation Centers For the Alien's Foreign Diploma
138(1)
How to Get an Extention on Your Visa for an Extra Stay
The Visa Extention Process For More Life For An Expired Visa
139(1)
How To File For An Extension of Stay
139(2)
APPENDICES
A. List of U.S. Embassies Worldwide
141(8)
B. List of Immigration and Naturalization Service (INS) Offices in the U.S.
149(1)
C. List of Regional Departments of Labor Offices in the U.S.
150(1)
D. Glossary of Immigrant Terms
151(3)
E. Sample Immigration Forms Listed In The Manual (Where To Find Them)
154(50)
F. List of Other Publications From Do-It-Yourself Legal Publishers
204(1)
Index 205

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