FAQs

 

Can I remain in the US on a B1/B2 visa for 6 months?

No. upon entering the USA, the Customs and Border Protection officer will establish a specific time of stay in line with the purpose of the visit. If you remain longer you run the risk of ‘overstay’ and visa cancellation.

I was arrested many years ago and the crime has been expunged, must I divulge this information to USCIS?

Yes, when asked ‘have you EVER been arrested’ you must answer honestly even if it was years ago or expunged.

I was denied a B1/B2 visa and given a green paper without explanation.

Always thoroughly examine any document given to you by U.S. Immigration officials. The Green or White paper will provide you with the exact reason for the denial.

What is the difference between Adjustment of Status (AOS) & Consular Process (CP)?

If you are already lawfully inside the USA, and a visa is immediately available to you, you can apply for AOS which will allow you to remain in the USA legally during the visa processing up to visa approval. If you are outside of the US you normally would apply for CP and would remain in your home county up to visa approval.

I was denied entry into the US and barred for 5 years, when can I return?

Usually, after the bar period ends. However if you need to travel prior to that, you could request a waiver.

What is an INA 214B Visa Denial?

It means that you did not sufficiently demonstrate that you qualify for the non-immigrant visa category you applied for. There is a presumption that visitors to the USA will not return to their home county. Therefore you must demonstrate sufficiently strong ties to your home country and sufficient financial resources for your trip.