B-2 VISITOR FOR PLEASURE VISA--OVERVIEW
by: Gary Chodorow
Revised: June 2, 2007

This article gives an overview of the requirements and procedures for a B-2 visitor for pleasure visa.

Is hiring a lawyer advisable?

How do I apply for a B-2 visa?

The basic process to apply for a B-2 visa is shown below. (However, please note that the U.S. Consulates in China have special procedures for various groups, persons with prior B-1/B-2 visas that have been expired for less than one year, employees of certain U.S. companies and their customers, ASEAN frequent travelers, and persons who need to travel due to humanitarian emergencies. Most of this information is shown on the Consulates' websites.)

What are the requirements for a B-2 visa? 

You qualify for a B-2 visa if the Consulate determines that you meet the following requirements. It is your responsibility to prove eligibility:

1. You must have a residence in a foreign country which you do not intend to abandon. Persons denied B2 visas are most commonly denied for failure to prove this fact. For more on this requirement, click here.

2. You must be seeking admission to the U.S. for the sole purpose of engaging in legitimate activities relating to pleasure. (Certain business activities are also allowed). Activities related to "pleasure" allowed with a B-2 visa include:

• Traveling to the United States for purposes of tourism or to make
  social visits to relative or friends.

• Coming to the United States for health purposes.

• Participating in conventions, conferences, or convocation of fraternal,
  social or service organizations.

In addition, there are numerous other special circumstances when a B-2 visa is proper. These are listed in the State Department's Foreign Affairs Manual 41.31 Notes. An example of a prohibited activity is that B-2 visitors are not permitted to accept employment during their stay in the U.S.

3. You must intend to enter the U.S. for a period of specifically limited duration.

4. You must not fall within the "grounds of inadmissibility." For more, click here.

What supporting documents are required?

• Invitation letter: According to the U.S. Embassy, "if you are invited to visit someone in the United States, it might be helpful t provide information about who is inviting you, purpose of travel, and planned itinerary or schedule. No invitation letter is needed if you are just going for sightseeing in the United States."
   

• Tour group or conference: If you are planning to participate in a tour group or conference, it may be helpful to document your participation.
   

• Financial ability: It may be helpful to document your financial ability to pay for your trip (or to document that friends or relatives with the financial ability will pay).
   

• Family visit: You should provide proof that you have a genuine, ongoing relationship with the person inviting you, and you should consider providing information about his or her immigration status in the U.S. The following documentation may also be helfpul: hukou registration or other proof of genuine family relationship, photos together in recent years.

In addition, you would be well-advised to bring additional documents evidencing your nonimmigrant intent. For examples of these documents, click here.

At which consulate should I apply?

You should normally apply for a visa at the Consulate with jurisdiction over your place of residence. Here, residence refers not to where your household register ("hukouben") was issued but instead to the place where you normally live.

In addition, according to the law, a Consulate may in its discretion accept an application if you are physically present in the consular district. The State Department "expects" that the authority to reject such applications "will seldom if ever be used." Foreign Affairs Manual 41.101 N2.2. Nevertheless, in fact, the U.S. Consulates in China seldom approve such applications. So under normal circumstances it's best to apply at the Consulate with jurisdiction over the place you reside:

Can I appeal the decision if my application is denied?

If the visa application is denied, there is no possibility to review that decision.  Re-application is permitted, but the denial rate is usually high in such cases.

What happens if the visa is granted?

If your visa is approved, you will most likely be issued a "B1/B2" visa valid for business or pleasure visits to the U.S. over a one-year period. The Consulate does, however, have the discretion to issue a visa for a shorter validity period or for fewer visits.

How Long Can I Stay in the U.S.?

A B-2 visitor may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each. As a practical matter, a B-2 visitor is typically admitted by the immigration inspector at the airport for a minimum of 6 months, except if the inspector has good cause to further limit the period of authorized stay.