Non-immigrant visas are an often discussed topic for those who simply wish to travel to the United States of America for a short period of time in order to attend business meeting, business seminars, pursue educational goals, or simply travel recreationally.
There are many non-immigrant visa categories that are considered to be immigrant-like visas by the personnel of the various agencies which have a role in the American immigration process. For example, the K-1 visa is technically considered to be a non-immigrant visa even though the bearer may maintain immigrant intentions and upon adjustment of status would be considered a lawful permanent resident. The K-1 visa process involves virtually all of the pertinent federal agencies that are generally involved in American immigration matters. The United States Citizenship and Immigration Service (USCIS) is responsible for adjudicating a visa petition filed by an America Citizen on behalf of their foreign fiance. Assuming that USCIS approves the K-1 visa petition, the case file will be sent to the United States National Visa Center which operates under the authority of the American State Department. In K-1 visa cases, this agency acts as a sort of clearing house in order to ensure that K-1 visa applications are received by the appropriate US Embassy, US Consulate, or American Institute abroad. The visa application adjudication phase of the visa process is often referred to as Consular Processing. Upon approval of a visa application by an interviewing Consular Officer at a US Mission abroad the applicant will have their passport visaed and thereafter may travel to the United States until such time as the visa expires.
It should be noted that visa applications for travel documents such as the B-1 visa (US Business visa), the B-2 visa (US Tourist visa), the F-1 visa (US student visa), and the J-1 visa (US exchange visitor visa) subject to scrutiny pursuant to section 214(b) of the United States Immigration and Nationality Act. As a result, applicants must be able to demonstrate strong ties to their country of origin (such as Vietnam) or another country outside of the USA while simultaneously demonstrating relatively weak ties to the USA.
Although not common knowledge to most, even if a visa is issued such issuance does not guarantee admission to the United States since the United States Customs and Border Protection Service (USCBP) may find a prospective entrant inadmissible pursuant to the so-called "Illegal Immigration Reform and Immigrant Responsibility Act of 1996". The provisions of this act allow USCBP to turn away prospective entrants if the adjudicating officer finds that a prospective entrant is an intending immigrant without proper documentation.
Many who wish to travel to the United States of America opt to retain the assistance of legal counsel for this reason it may be prudent for individuals to ascertain the credentials of anyone claiming qualification to practice United States immigration law. Qualification as an American attorney can be proven by producing a license to practice law in the Supreme Court of one of the sovereign American States or the Federal territories. In some cases, a State bar association membership card may be utilized to determine eligibility to practice law.
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