Immigration Law

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What is a Temporary Visa?

A temporary visa is a document that allows foreign citizens to enter the U.S. for a temporary stay. These stays are usually for the purpose of pleasure trips, studying in the U.S., working in the U.S., medical treatment etc There are many types of temporary visas; and obtaining a temporary visa starts with filing out a temporary visa application. This can often take time and have many legal steps that one might not know how to handle. When this happens, often legal questions can arise about the direction one should go to obtain a temporary visa in the US. Listed below are some of the commonly asked questions about temporary visa.

How long can a person stay in the U.S. on a Temporary Visa?

How long a person stays on a temporary visa, often depends on the border patrol and customs. In most cases they will issue a I-94 Card mentioning the scheduled time of departure. Usually a visitor visa allows a person to stay in the U.S. for a period not exceeding 6 months but it is not always the case.

How to sponsor a temporary visa for someone from a different country for possible marriage in future?

Case Details: The person being sponsored is unemployed but will be taken care of financially while in the USA?

Every foreigner willing to enter the U.S. on a temporary visa, should be able to show some valid reason for doing so and should be able to prove or establish the intent to return home. They should have strong ties to their home country. In most cases any type of romantic angle might be viewed with suspicion and could go against the person applying for a temporary visa. In order to obtain a temporary visa, a letter of invitation might be helpful in some cases to navigate such issues by demonstrating why the person is coming and how they will sustain them self during his/her period of stay..

Case Details: I want my friend to get a Temporary Visa to the U.S. I want to marry her and ultimately adopt her baby who is in Colombia. What is the fastest way to get the visa?

Either you have to apply for a K1 fiancée visa or if you wish to go there and marry then you want to apply for K3 Spouse Visa. Both types of visas could take a time span of 6 to 9 months.

Can someone who had a temporary visa for 8 years as a minor, apply for citizenship after the visa has expired?

Case Details: The person has now turned 18 years old

Due to the status of the original visa being expired, the person usually will not be able to obtain a legal visa, because at this point the stay is out of status and unlawful. In most cases, if the person were to apply for a temporary visa, he/she would be not allowed back into the U.S. from between 3-10 years.

Filing a K1 visa for a fiancé currently living in the US illegally 

Case Details: My fiancé, an Algerian, has been living in France for the last 10 years and having failed to renew his work authorization, he is now staying illegally. I am trying to file a K 1 Visa for him to live with me in U.S. Can we put a French address as his home address and Algeria as the country and just have him return to Algeria for the interview without affecting our chances?

In many cases, this would be the correct approach to complete the I-129F. Since his intention is to come here and live permanently chances of his obtaining the K -1 Visa will not be affected. In fact, had he been applying for a temporary visa, his previous record of unlawful overstay in France might have prejudiced his chances of getting K -1 Visa. The consular authorities might have presumed he could overstay his temporary visa by violating the U.S. law. Since this is not the case here the chances of rejecting the visa is very slim.

A temporary visa is for the purpose of visiting the U.S. on a temporary basis only. However, some people tend to overstay illegally and thereby become illegal immigrants. It runs the risk of getting deported once detected by the authorities. Hence, it is always advisable to abide by the terms and conditions of the visa and to be on the right side of the law. If you are not sure of the temporary visa laws, asking an Expert would be in your best interest.

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