Visas to the U.S. – Choosing a visa that is right for the an Applicant’s travel purposes to the U.S. can be complicated.  Klarfeld Law Office has over a decade of experience assisting clients in choosing and preparing visa applications for family unification, work and/or travel purposes.

There are many types of visas to the U.S.   Immigration Law in the United States defines the conditions which must be met before a visa is issued to an Applicant or Petitioner.  If the conditions for a visa type can be met, and if the Applicant/Petitioner has no impediment rendering him or her  inadmissible or ineligible to obtain a visa the U.S., then generally a visa will be issued once all conditions have been met, evidence provided, and Official Fees paid.

Entering the borders of the United States at a Port-of-Entry requires that the Applicant for Entry produce either a valid U.S. Passport, Travel Papers or Visa to the U.S..  For those persons requesting to enter the United States, who are not citizens, or Legal Permanent Residents, a visa to the U.S. issued in a foreign passport does not necessarily guarantee entry into the United States. An Immigration Officer of U.S. Customs and Border Protection must be convinced that the person who is requesting entry into the U.S. will comply with the terms of his or her visa.

There is a presumption under U.S. Immigration Law, that anyone requesting entry into the U.S. temporarily for travel, business or other purposes actually intends to immigrate.  The presumption is rebuttable but the burden of proof that there is no intent to immigrate to the U.S. lies solely with the person who is requesting entry.  Generally speaking, an Immigration Officer will not query a visitor requesting temporary entry into the U.S. unless he or she suspects that the applicant intends to remain in the U.S. to work and/or establish residence – or that the actions of the visitor in the past demonstrate that he or she committed crimes, worked or overstayed the term of their entry permit on a previous visit.  Where the Immigration Officer has reason to believe that a person is inadmissible or ineligible to enter the U.S. the Officer will deny entry and the foreign visitor will be summarily returned to their country of legal residence, regardless of the fact that he or she has a Visa to the U.S. in a Passport.

Klarfeld Law Offices provides legal advice regarding Visas to the U.S. and assists in filing Petitions and Applications for all types of Visas to the U.S. including among others: Family-Based, Marriage, Fiancé, Employment, Trade, Investment, Artists, Business, and work visas.  We can also assist clients in applying for Waivers of Inadmissibility in cases where the client’s visa has been cancelled or the client has been deported or denied entry into the U.S.

To schedule a consultation contact us