Immigration Law

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What is a non immigrant visa?

A non immigrant visa is a type of visa that authorizes a person to stay in a country for a limited period of time with a specific purpose. There are several types of non immigrant visas and they are generally divided into nineteen main categories and one special category for North Atlantic Treaty Organization (NATO) personnel. The categories of non immigrant visas are as follows; career diplomats, temporary visitors that are in a country for business or pleasure, aliens in transit, crewmembers, treaty traders and investors, students, international origination representatives, temporary workers, foreign media, students that are not a part of a non-academic institution, parents and children that are related to a special immigrant, aliens with extraordinary abilities, entertainers, cultural exchange program members, religious workers, and TN (Trade NAFTA) for North American Free Trade Agreement (NAFTA) professionals.

Can a child get a non immigrant visa when there is a pending citizenship application and can the parents go ahead and get the DNA test that is required for the citizenship?

The child’s parents can apply for the non immigrant visa but will more than likely be denied since the child is applying for citizenship. With a pending citizenship application the country will not issue a visitor visa because the child has the intent to live in the U.S. not just visit. When it comes to the Deoxyribonucleic Acid (DNA) test, the parents can get that done and over with as long as they use an Immigration approved DNA lab. To find an approved lab, the person would need to type into any search engine “Immigration approved DNA lab” and will come up with several choices that will save the parents time in the DNA process.

Would it be faster for a person that applied for a non immigration visa over 2 years ago to inquire about his/her current status or to file for a new non immigrant visa?

The application process for a non immigrant visa generally takes one to three months, so for it to take a couple of years is very rare and worth looking into as to why, but it would be easier and quicker to reapply for the non immigrant visa instead of trying to push the current application through.

If a Human Immunodeficiency Virus (HIV) positive German citizen wants to get a E2 non immigration visa, would he/she have to have a medical examination preformed?

Since this is a type of non immigrant visa the person would not have to get a medical examination to get the visa. The only time a medical examination is preformed or required is if the person wants to get an immigrant visa or if the person is filing for a non immigrant K-1 fiancé visa.

How would a person change his/her siblings non immigrant visa to an immigrant visa?

The person would need to be a U.S. citizen and file form I-130. The wait time for this is 10-15 years depending on what country the sibling is from. The sibling would have to wait in his/her home country till a visa number became available for them to use.

Non immigrant visas allow a person to visit a country for a specific amount of time. When a person is applying for the non immigrant visa, there may be questions regarding how to apply, what is required, who can qualify, the time period that it would take to get the visa, or even why a visa was denied. When these questions come about, a person would need to consult an Expert to gain the answers that they need.

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