Questions about how the Non-immigrant Visas has always been raised up because it requires a short period of time and the process is not known to many. And then what happens if I overstay my visa period comes too.
What are a Non-immigrant Visas?
Non-immigrant visas according to the United States legal system defines it as a visa that grants a temporary stay in the country. This implies that you will the US for just a short period of time for some reason such as tourism, business, and many more but it’s not to stay permanently.
Non-immigrant Visa Type
There are various types of Non-immigrant Visas and they are based on the purpose of the visit, whether you are coming for business, or tourism.
Here is a list of the types of Non-immigrant Visas
- A Visa – Diplomats and Foreign Government Officials.
- A-2 – NATO1-6 Visa.
- B-1 Visa – Temporary Business Visa.
- B-2 Visa for Tourism.
- BCC Visa – Border Crossing Card.
- C Visa – Transit Visa.
- CW-1 Visa – CNMI Work Visa.
- D Visa for crew members.
- E Visas – E1 Treaty Trader and E2 Treaty Investor Visas.
- E-3 Visa – Work Visa for Australian nationals.
- F and M Visas for students.
- G1-G5 NATO Visas.
- H-1B Visa for employees in highly specialized fields.
- H-1B1 Visa for Chile and Singapore nationals.
- H-2A Visa for agricultural workers.
- H-2B Visa for temporary non-agricultural workers.
- H-3 Visa for training oppotunities.
- I Visa for journalists.
- J Visa for exchange visitors.
- L Visa – Intracompany Transferee Visa.
- O Visa for persons with extraordinary abilities.
- P Visa for athletes, entertainers and artists.
- Q Visa for cultural exchange program.
- R Visa for temporary religious workers.
- T Visa for victims of human trafficking.
- TN/TD Visas for Canada and Mexico citizens who work in NAFTA.
- V Visa for family unity.
- U Visa for crime victims.
US Nonimmigrant Visa Application Procedures
There are various procedures that need to be followed while applying for US Non-immigrant Visas.
Submit the DS 160 Form
For you to apply for any of the Non-immigrant Visas you will have to fill the DS-160 form. A DS-160 form is an application form for all types of Non-immigrant Visas including a K visa.
This form can be seen in the consular electronic Application center website where you have to fill it and then submit it online to the department of state. All information must be in English while filling the form.
Collect the documents
As you are filling the DS-160 form, you are expected to submit several supporting documents like:
- Those applying for F, J, and M visas are going to complete an application in the student and exchange visitor program SEVIS. After which they will have to enter their SEVIS ID in the DS-160 form and the name of the university they are attending.
- Those applying for H-1B, H-2, H-3, CW1, L, O, P, R, visas should give information from their I-129 form regarding their Employment and the purpose of visit when they are completing the DS-160 form.
- Those applying for an E-1 or E-1/E-2 Visa also need to submit the DS-156E form completed by their employer.
Interview at the embassy
when you are done with your form, you will be shown the DS-160 barcode page, and you will have to print it and keep it to show are the embassy. After this, you will have to schedule an interview appointment and this is done through a US embassy.
The information that you put while filling the DS-160 form with your interview with serve the consular office in making the decision whether or not you are to be given a visa
Pay the fee
You will have to pay an application fee which varies depending on the type of visa that you going for and your country of origin.
Wait for processing
After submission and completing your interview, you will wait for the embassy to process and respond to your request for you to find out your Non-immigrant Visas status.
When your Visa has expired, there is a need for you to go back to your home country, but for cases where you still want to stay to continue what you were doing then you will have to reapply for a new visa. And there are some requirements that make you eligible in order for you to apply for a stay extension.
These requirements are:
- Extending a US Temporary Visa
- You have been lawfully admitted into the US with a temporary visa
- Your visa is still valid
- You have committed no crimes that make you ineligible for a visa
- You did not violate the conditions of your admission
- You possess a passport that is valid for the whole duration of your stay
Whereas, if you belong to one of the following categories you cannot extend your visa:
- If you entered the US under the Visa Waiver Program
- You are a crew member and entered the US under a D non-immigrant visa
- You are transiting the UK under a C nonimmigrant visa
- You are transiting without a visa
Consequences of Overstaying a Temporary US visa
Like someone who comes into the US illegally, someone that overstayed his visa will face the consequences according to the United States Immigration law.
First, the US immigration will revoke the visa and the visitor will be sent back home if the person is caught. But for those that leave the country on their own will face the consequences based on the amount of time that they stayed.
Overstaying less than 180 days
When any type of non-immigrant visas expires and you overstay for less than 180 days and then you left without any form of force or anything then you can reapply again for your US Visa legally.
But it might be difficult to convince your consular officer that you will not overstay again, so you will have to bring to light good proof while you overstayed before for you to be able to get another Visa.
Overstaying more than 180 days
If you are still in the United States for more than 180 days you will be banned from gaining entrance to the United States for either three years, ten years, or permanently depending on the amount of time taken.
Exceptions Whose Overstay Won’t Be Held Against Them
There are so many cases where you will be exempted and that is :
- If the overstaying traveller is under the age of 18
- If the traveller has a bona fide pending asylum application on file with the United States Citizenship and Immigration Services
- If the traveller has been a beneficiary of the family unity program
- If the traveller had a pending application for either adjustment of status (a green card), an extension of status, or a change of status
- If the traveller has been a battered spouse or child who entered on a nonimmigrant visa and can show a connection between the abuse and the overstay
- If the traveller were a victim of trafficking who can show proof that the trafficking was at least one central reason for the unlawful presence
- If the traveller has received protection via Temporary Protected Status (TPS), Deferred Enforced Departure (DED), Deferred Action, or Withholding of Removal under the Convention against Torture.
Reapplying for a US visa, after overstaying previously
You will then have to apply for a visa the next time that you want to enter the United States, accompanied with your required document, then you will have to prove the Nonimmigrant intent and you should have strong ties to your country.
You are expected to convince the consular officer because even the smallest doubt can bring about a denial.
If you go to the United States through the Visa waiver program with an electronic system travel authorization, and then you overstayed the period that was given maybe by a few days or weeks.
The Non-immigrant US Visas requires you to stay for a short period of time and the process to that is quite easy but them be careful not to overstay your welcome in the country for you to avoid unnecessary consequences.