We Are Your San Jose Immigration Attorneys

Tourist B-2 Visa Lawyer

Handling Immigration Matters in San Jose

There are many different ways for foreign residents to come to the U.S. on a temporary visit for visitor purposes. As such, there are a variety of categories which have been put in place to identify the purpose of the visit to the United States. A Tourist Visa, or B-2 visa, is one that is granted to those who are coming to the United States for the sole purpose of visiting temporarily for business or pleasure. In order to obtain a B-2 visa, the alien must prove that he is traveling to the U.S. temporarily and does not plan to abandon his foreign residence.

Visiting the United States for tourist purposes is a common interest, as there are many different wonderful sights here to see. At our firm, we offer guidance and assistance for the visa application. Applying for a tourist visa requires a number of different steps which a San Jose immigration attorney can guide you through.

At Verma Law Firm, we can provide a wide range of legal services related to B-2 visas, including:

  • We can advise you in regard to the documentation etc. that you will be required to submit at the U.S. Consulate overseas.
  • We can also prepare your Tourist Visa documentation for submission at the US Consulate overseas.
  • If you are already in the U.S., we can prepare and file for your Tourist Visa extension with the USCIS or file for a change of status if you are in the U.S. on some other visa.

Immigration Attorney in California

We are here to answer your specific questions and address any concerns you have about the application process. Please contact our office at (408) 560-4622 if you are interested in setting up a consultation with our competent San Jose immigration lawyer.

General Waiver for Nonimmigrants under INA § 212(d)(3)

If you are on a nonimmigrant visa in the U.S. and it has been revoked or canceled, you may be eligible for a waiver of inadmissibility. Section 212(d)(3)(A) of the Immigration and Nationality Act provides for a waiver for persons applying for a nonimmigrant visa at a U.S. Consulate abroad and for those applying for admission at a port of entry. Many grounds of inadmissibility can be waived such as: health, criminal, prostitution, smuggling, and unlawful presence.

According to the standards set out by the Board of Immigration Appeals (BIA), a waiver application is judged on three criteria:

  1. The risks of harm in admitting the applicant;
  2. The seriousness of the acts that caused the inadmissibility;
  3. The importance of the applicant’s reason for seeking entry.

If you are applying for a nonimmigrant visa abroad, you will need to apply for the waiver at the consulate with jurisdiction over your visa application. There is no formal application or fee to apply for a waiver. The applicant should prepare a detailed affidavit explaining his or her need to come to the U.S. and the need for a waiver. The letter should describe the grounds of inadmissibility, the date of intended arrival and length of stay in the U.S., and the number of intended entries. If possible, the applicant should also include character reference letters from people who can attest to his/her good moral character. In this situation, the Consular Officer usually reviews the application and makes an initial finding of inadmissibility and a waiver recommendation. The Consular Officer then forwards the file to the Admissibility Review Office (ARO) within CBP and if the ARO approves the waiver, the Consular Officer may issue the nonimmigrant visa.

If you believe you may need assistance with a waiver application, please contact VERMA Law Firm to speak with an experienced immigration attorney about your situation.

Contact Verma Law Firm

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