NY Temporary Visas Immigration Lawyers
An immigration lawyer can help an applicant apply for temporary visas. There are many different types of visas available for foreign nationals who want to visit or stay in the United States temporarily. A temporary visa is usually granted to a person who needs to travel to the U.S., study, visit friends and relatives, or work. For example, a student or a business traveler may need a temporary visa, and our visa immigration attorneys can help.
What is a Temporary Visa?
Temporary visas are short-term visas that allow foreign nationals to enter the United States temporarily. They include tourist visas, student visas, temporary worker visas, and many others.
There are two types of temporary visa programs available to foreigners wishing to visit the US. One is an F-1 visa, and the other is an H-1B visa. Both of these visas are issued by the Department of Homeland Security (DHS). In order to obtain a temporary visa, applicants must first file a petition with DHS. Once approved, the applicant receives a visa stamp in his passport.
A temporary visa is often used by international visitors who wish to spend a few weeks or months in the US. These individuals usually plan to return home after their visit. However, they may decide to remain permanently in the US after visiting. If this happens, they become eligible for permanent residence status. Immigration lawyers in New York City can assist those seeking temporary visas.
Student Visa Legal Assistance
The New York immigration law firm Markhoff & Mittman, P.C. helps those interested in entering the U.S. for educational purposes. Our New York immigration lawyers handle all aspects of immigration law, including student visas, international students, and immigrant and non-immigrant visas. Our student visa immigration lawyers will guide you through the process of obtaining legal residency while you study in the U.S.
If you are planning to come to the United States as a student, an employee, or a family member, contact our New York immigration lawyers for a free consultation.
F-1 Visa
An F-1 visa, also called a student visa, allows foreign students to study in the United States. This visa category is available to international students who wish to pursue an undergraduate degree in the U.S.
There are two types of visas available for foreign students studying in the U.S.: J-1 and F-1. An F-1 student has the option of applying for a nonimmigrant visa after completing his/her first academic semester abroad.
Who Is Eligible for a Student Visa?
- students
- scholars
- researchers
- lecturers
- teachers
- scientists
How To Apply for a Student Visa?
Students who plan to apply for an F-1 visa must complete the following steps:
Step 1 – Apply for an Optional Practical Training Program
In order to receive practical training benefits under the OPT program, students must submit an application for an OPT extension within 30 days of receiving their I-20 document. Students may request an extension until April
15th of each year.
Step 2 – Complete the Application for Nonimmigrant Status
After submitting the OPT extension application, students must file Form DS-156, Application for Nonimmigrant Student Status.
Step 3 – Pay the $495 fee
Students must pay the $495 fee to obtain an F-1 visa. Students must pay the fee online using a credit card.
Step 4 – Submit the completed form to USCIS
After paying the fee, students must submit the completed form to USCIs.
Step 5 – Wait for approval
USCIS usually approves applications within 60 days. If approved, students will receive an email notification stating that they have been granted permission to enter the country.
What Are the Requirements for a Student Visa?
An immigration attorney can help an individual apply for a temporary student visa. There are requirements and conditions regarding the validity of the visa, such as:
- Foreign students must register for classes once they arrive in the U.S., unless they are enrolled in an institution that offers courses in English. These students must attend class regularly. Failure to do so can result in deportation.
- To maintain good academic standing, students must maintain a GPA of 2.0 or higher. Foreign students must maintain a minimum grade point average of 2.0 in order to remain eligible for admission to graduate school.
- When students have completed their schooling they can return to the U.S. by receiving an EAD Card or Employment Authorization Document. Every six years, students must renew their EAD cards. To renew, students must visit a Social Security office and provide proof of employment.
- Foreign students who wish to become permanent residents of the U.S. must obtain a green card.
H-1B Visa
An H-1B visa allows U.S. employers to temporarily employ foreign nationals in specialty occupations. This type of visa is a nonimmigrant temporary work visa that helps an employer find the right employee without the need for green cards. However, anyone seeking a work visa will need a bachelor’s degree or work experience that equates to specialized knowledge of the field.
There are two types of visas available under the H-1B program:
- Optional Practical Training (OPT): OPT permits holders to work for up to three years after completing their degree programs.
- Non-Optional Practical Training (NOPT): NOPT permits holders to work for one year after completing their degree programs without any restrictions.
What Are the Requirements for H-1B Visas?
- Applicants must hold a bachelor’s degree or higher.
- They must have graduated within the last six years.
- They must be enrolled in graduate school.
- They must pass the English proficiency test.
- They must submit a valid passport.
- They must pay a $1,000 application fee.
- They must prove that they have sufficient funds to support themselves and their dependents for 6 months.
- They must show proof of financial stability.
- They must provide evidence of their ability to find employment upon arrival in the U.S.
- They must demonstrate that they possess special skills that cannot easily be obtained locally.
Immigration attorneys can assist clients with applications for employment-based visas. If you would like to learn more about obtaining an employment-based visa, contact us today.
Visa Waiver Programs
A visa waiver program allows certain foreign nationals to travel to the United States for a short amount of time, usually 90 days, without obtaining a visa.
In accordance with the Visa Waiver Program, nationals of certain countries are not required to get a visa in order to travel to the United States for reasons including business, pleasure, or while transiting.
The Electronic System for Travel Authorization (ESTA) helps U.S. Customs and Border Protection determine who is eligible for travel. It uses biographical information and a list of answers entered into the Visa Waiver Program and is a quick process.
Waivers of Inadmissibility
Some foreign nationals are refused entry because the US considers them to be inadmissible. These individuals may be refused entry due to past immigration infractions, criminal convictions, fraud or deliberate misrepresentation, or fraudulent claims to US citizenship, among other things. Thankfully, some grounds of inadmissibility can be lifted, making it possible for a visa or adjustment of status application to be approved.
For both immigrant and nonimmigrant visa petitions, our immigration attorneys have considerable experience with the inadmissibility waiver procedure. We represent clients by helping them to submit the necessary documents in order to request visas from US embassies and consulates across the world.
What Are Some Other Temporary B Visas?
B visas are temporary visas that allow foreign nationals to enter the United States temporarily for specific purposes, such as visiting relatives or attending school.
There are two types of B visas: B1/B2 and F1. Both types of B visas are valid for six months. However, the B1/B2 visa allows an individual to travel to the U.S. for business or pleasure.
Both B1/B2 visas and F1 visas may be extended multiple times. This means that once the initial six-month period has passed, the applicant may apply again for another extension.
Visitor Visa Legal Assistance
Immigration law is complex and requires knowledge of the law and experience. The immigration system is extremely difficult to navigate, and mistakes can have serious consequences. In the United States, there are many different types of visas for different purposes. Some visas are temporary while others are permanent. Some short-term visitor visas include:
- Cultural exchange visas
- Tourist visas
- Medical visas
- Working holiday visas
- Athletic or artistic visas
- Transit visas
How To Qualify for B Visas?
- All applicants must submit documents proving that they qualify for one of these four categories of B visas.
- They must also prove that they have no criminal record or history of drug abuse.
- Finally, applicants must demonstrate that they have been authorized to work in the country they plan to visit. If they have not yet obtained authorization, they should explain why they cannot obtain permission until after they arrive in the U.S.
Should I Hire an Immigration Attorney for a Short Term Visa?
An immigration attorney is a skilled professional who can help clients understand the law and navigate the complex system. An immigration attorney can provide advice and representation regarding the process of obtaining a temporary visa.
Whether you need to obtain a tourist visa, work visa, student visa or any other type of visa, a skilled immigration lawyer can help you understand the process. An experienced immigration lawyer can give you advice on what to expect during the visa application process, how to prepare for the visa interview, and what documentation you need to provide.
Contact Our NYC Lawyers for Help With Temporary Visas
Are you living in New York and want to become a U.S. permanent resident? If you answered yes, then you should contact our New York immigration lawyers at Markhoff & Mittman, P.C. We have helped thousands of people in New York to become U.S. citizens and receive lawful permanent residency. Our firm is a full-service immigration law firm and is located in New York.
We have helped countless individuals with all types of immigration issues. Our firm is highly regarded, and we are a trusted immigration law firm in New York. Call us today for a free consultation.