Since the advent of the visa waiver program, fewer people need B-2 Visitor for Pleasure visas. (Visa waivers are available for people from Canada, most European countries, and Japan.) After all, how many people take vacations that last more than two weeks, let alone more than the 90 days permitted under visa waiver?
If you are eligible for a visa waiver, consuls usually will not issue a B-2 visa. Normally, families or couples from non-visa waiver countries coming to the US for short vacations or even for a summer tour face few problems entering on visa waiver or obtaining B-2 visas. The B-2 application procedures are the same as for B-1 visas.
Identifying Problem Areas
Single young men and women and student-aged children face intense scrutiny when applying for a B-2 visa, or when applying for permission to enter the US. Student-aged children come to the US with or without parents, often posing as tourists, with the intention of enrolling in school.
Mothers often stay in the US illegally to take care of the child. No visa category permits mothers to care for children going to American schools.
Students
If a child enters the US as a tourist without an endorsed visa, and later attempts to change to student status, the
USCIS may find that the child misrepresented his intentions for entering the US and deny the change of B-2 to F-1 student status request.
Even if the USCIS approves the change of status from B-2 to F-1 student, and subsequently the student applies for a visa, most consuls will resist issuing an F-1 student visa for the same reasons. This will mean that the student cannot leave the US to apply for a visa with any assurance of being able to return. Students often find themselves ‘locked’ within the US, separated from their families, while holding a status for which they cannot get a visa.
Student-aged children intending to enrol in an American school should tell the consul the truth. If convinced of a child’s student bonafides and financial support, the consul will issue a B-2 visa endorsed ‘prospective student’, or the like. Such an endorsement permits the children and parents to find a suitable school for the student. If all goes well the child may change to F-1 status while in the US, and later return home to apply for an F-1 student visa. Effective documentation for prospective F-1 students using a B-2 visa to shop for schools includes:
- academic references
- a list of prospective schools
- letters of invitation to visit schools
- proof of arrangements for care and support while attending school in the US.
Young Adults
Young single men and women face a different problem. Many singles come to the US for no other purpose than to marry their way to a green card. The high incidence of singles coming to the US for this reason has influenced USCIS enforcement policy. Unfortunately, this policy
creates difficulties for young singles who have legitimate reasons for visiting the US.
Yet there are ways for young singles to come to the US for legitimate travel reasons. It’s important that they carefully document plans to return home following a vacation. Effective documentation includes
- proof of a job or business at home
- proof of family ties at home (list family members)
- proof that you are pursuing an education at home
- a detailed itinerary of the US trip
- letters of invitation or reference from US citizens or permanent residents
- proof that you can support yourself while in the US.
In other words, provide proof that you have too much to lose by leaving home for an extended period.