After the September 11th terrorist attacks, it has become more difficult to have your visa renewal approved, explains Shawn Sedaghat, an immigration attorney in California. For starters, you will need to fill out certain forms, he says, which allow you to explain why you need more time in the country you are visiting. Basically, he continues, the government is looking for two things. You need to have to have a compelling reason as to why you need to stay, such as there is a job here for you. In addition, you will also need to prove that you don’t plan to immigrate or stay here permanently.
And while it sounds simple enough, the truth is that red flags are raised more quickly now than ever before, and your true intentions will be investigated more thoroughly than they were a decade ago, Sedaghat continues. For instance, if you come to America with a tourist’s visa, but you get married 90 days after you have arrived, then there is a presumption on the government’s part that you came here in order to get married and you have misused your tourist visa. In this particular case, you would have to refute these claims, he adds, or you would have to try to change your status before you are deported. Your visa status indicates your reason for being granted a visa in the first place. For example, you may be studying at a foreign university, so you would be granted a student visa.
Because the government is currently understaffed, and because of the increased need for security since those 2001 attacks, the United States is always looking for ways to crack down on the abuse of travel visas. For example, Sedaghat explains, an estimated 11 million illegal immigrants reside in the country. And some of these people used visas to get into the country, but never left when their visa expired. Now, because of widespread cases like these, the government tends to be more leery about how long they grant people the right to stay within the country without applying for citizenship. Presently, the United States requires that other countries issue only readable visas that can be scanned at your port of entry, such as an airport, when you arrive in America, and again when you leave. Once your visa is initially scanned, the system can keep track of how long you have been given permission to stay in the United States. And if you overstay on your visa, then the next time that it is scanned, you will be apprehended and punished accordingly.
Besides renewing your visa, there is also the option of changing your status. When you first applied for your visa to travel to the United States, you needed to supply the embassy with your intentions. If you were going to simply travel and sightsee, you were issued a tourist’s visa. While in the country, however, if you are offered a position at an American company based in California for example, then you will need to apply for a visa that details your new job, the company name, and how long your services will be needed.
You should definitely seek the assistance of an immigration attorney if you are planning to change your status, Sedaghat says. Initially, the paperwork was designed so that the average person could handle everything, he explains. But the procedure is just too complex for the untrained eye, so it is best to have a lawyer assist you so that you can be certain everything has been done correctly.
You should also keep in mind that both of these processes take time. But, it’s important, he explains, that you handle these matters as soon as possible. If you wait until the last minute to renew your visa or change your status, then you run the risk of having your status expire.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
