How Long Can A Non-US Citizen Stay in America?

Traveling to the U.S. can be a daunting task for those seeking to visit for any length of time. If you are visiting for the purposes of tourism or short-term business, you will be allowed to stay anywhere from 90 days (Visa Waiver Program) to 1 year (with an extension of your B1/B2) visa. Your ability to travel to the U.S.will be based on your nationality as well as your ability to provide the appropriate documents as well as successfully complete an immigration interview (if required). Many people find the process of visiting the United States to be complex and frustrating. Often times, applicants are unaware of the types of documentation needed, procedures to follow, and how to appropriately answer the questions of an immigration officer during an interview. Though the United States allows millions of tourists to visit each year, there are many more that are denied for making mistakes during the application process. For these reasons, the immigration lawyer Jing Yeophantong recommends that you work with an experienced immigration attorney in Arlington, VA to help increase your chances of approval.

Length of Stay Allowed For Each Visa Type

Those seeking to come to the U.S. for reasons other than education, immigrating, or long-term business generally fall into the category of a tourist. Listed below are the most common ways to visit the U.S.and how long you can stay using each method.

• Visa Waiver Program (VWP): This program allows most citizens of the participating 38 countries to enter the U.S.for 90 days without the need for a visa. You must meet all requirements of the VWP and have a valid Electronic System for Travel Authorization (ESTA) approval before you travel to the US.
• B1-Visa: This tourist visa is designed for those that plan on spending less than 6 months in the U.S.while working on a short-term business project. Examples of projects can include conducting research, business negotiations, consulting, purchasing business equipment, taking a professional exam only offered in the U.S., etc.) You can only extend this visa once (under certain circumstances). The maximum allowed stay is one year.
• B2-Visa: This visa is for tourists that plan on spending 6 months or less in the U.S.for the purpose of tourism only. Examples of reasons for visiting include visiting family, friends, tourist attractions, as well as attending classes for recreational purposes (including retreats). You can also visit for medical purposes. You can extend this visa under special circumstances.
• B1/B2 Visa: If you plan to visit for business purposes, but would also like to partake in tourism, this may be the best option for you. The B1-Visa sets strict guidelines on where you can go and what activities you can participate in.

What if I Want to Stay Longer?

If you wish to stay in the United States for longer than one year, then it is best to apply for a immigrant visa. There are multiple types of visas that you can apply for (depending on your reasons for seeking a long-term stay). However, if you are interested in eventually seeking permanent residency, there are only a few that will suffice such as a Family Visa, Victims Visa, etc. United States immigration laws can be incredibly complex. Though you can apply for a visa on your own, it is not always recommended. Working with an experienced immigration attorney can help to ensure that your chances of approval are significantly increased.