Ron Kamran is a member of the U.S. Supreme Court, Circuit Courts, U.S. Court of Federal Claims, U.S. District Court (CA), (ND), U.S. Tax Court, American Immigration Lawyers Association, & Pa State Bar Exclusively.
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As a general rule, an alien who wants to travel to the United States as a non-immigrant needs a visa. For some non-immigrant visa categories, an alien can obtain the visa directly from the U.S. consulate without having to first apply to and receive approval from the United States Citizenship and Immigration Services (USCIS) (formerly called the Immigration and Naturalization Service (INS)). For other non-immigrant visa categories, an alien has to obtain approval from the USCIS prior to applying for a visa at the U.S. consulate. In those instances, one must be ready to produce evidence of USCIS approval to the U.S. consulate. Aside from evidence of approval from the USCIS, there are other forms and documents an alien must bring to the U.S. consulate when applying for a visa for information regarding the forms and documents needed for a visa application at the U.S. consulate).
The following are categories of non-immigrants seeking entry into the United States who do not need a visa for admission.
1. A Canadian non-immigrant: Canadian citizens and residents who are citizens
of a British Commonwealth nation are exempt from the visa requirement for
purposes of tourism, limited business activity, and work activity under certain
provisions of NAFTA which is a treaty between the U.S. and Canada.
2. Visa waiver pilot program: This is a special program allowing non-immigrants
from designated countries to enter the United States for purposes of tourism
and short-term business.
3. Visit of an alien to Canada or Mexico who are in a valid legal status in the
U.S.: A visa is not needed for entry into the United States from Canada or
Mexico if:
1. The alien has a valid non-immigrant legal status in the U.S. such as B-1, F
1, or H-1 before leaving the U.S. and going to Canada or Mexico.
2. The alien left the U.S., for Canada or Mexico, and came back to the U.S.
within thirty days.
Note: In actuality, this is not an exception to the visa requirement but is considered an extension of the alien's expired visa.
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Please note that any information contained on this entire web site shall not be construed as rendering legal advice to any individual on his/her case or situation. Any responses or information is merely intended to be of general character and must not be relied upon for any specific situation. For legal advise, kindly consult with an experienced immigration attorney.
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