Visa and More

If you need fast and individual information, our service team is there for you on the phones from Tuesday to Friday between 11am and 7pm. Find the phone number on our homepage and get our experts' advice on everything visa as quickly and as conveniently as possible.

And as usual, for all questions concerning the green card lottery just call our service team.

QUESTION: I have a valid press ID and I have the chance of being sent to the US as a correspondent for an internet magazine for an indefinite time. I have been working as a freelance journalist for this magazine for more than half a year. I am currently in the US as a tourist, the chance of working for the magazine in the US came up while I was here.

ANSWER: Since apparently you are in the US under the Visa Waiver Program, you cannot change your status in the US. You will have to return to Germany to apply for an I-Visa (Media Visa). For this you need documentation such as a press ID, and documentation about your employment with the magazine. It is vitally important for you to demonstrate that you will not be paid by any employer in the US, but solely by your employer in Germany.

QUESTION: At present, I am participating in the green card lottery. Nevertheless, I still want to pursue other options of obtaining a work visa or immigration visa for the US. Can I do this while I am participating in the lottery or am I not allowed to do both?

ANSWER: You may participate in the lottery even if you are still trying to achieve a permanent or temporary resident status another way as well. The participation in the lottery itself is not being regarded as the attempt to immigrate. The immigration process doesn't start before you receive your winner's notification.

QUESTION: Hallo. I've heard that you get a permanent residence and work permit if you buy land in the US. Is that correct?

ANSWER: No, unfortunately it isn't. That is something real estate agents like to say to make a sale, but it's not true. Acquiring a piece of land, independent of a specific purpose, does not automatically lead to a residence permit. Even if you own a house in Florida you may only be there up to six months a year - irrespective of how much money you invested in the US. If you want to live in your house all year round, you will have to find another way of obtaining a residence permit or green card.

QUESTION: I am a German citizen and I regularly go on business trips to the US. Up to now simply with a valid passport. I have now been told that for passports issued after October 25, 2004 visa-free travel will no longer be possible in the future and you have to schedule an interview for a US visa. Is that true?

ANSWER: No, that's not true. In general, it is being confused that passport regulations go hand in hand with changes in the visa regulations. Basically, the question is whether or not a passport is machine-readable. If it isn't, you may need a visa that is machine-readable. So if you don't have a valid machine-readable passport by October 26, 2004, you will have to obtain a visa. Otherwise you may still travel under the Visa Waiver Program.

OUR VISA TIP OF THE MONTH: Internships - what to do in case a second J-1 isn't possible.

Over the last weeks we have received lots of questions about the complex issue of what to do in case a second internship in the US is planned. As you may already know (we informed about this in one of our previous editions), trainees often cannot obtain a second J-1 (Exchange Visitor) Visa. In this case, you might consider the H-3 Trainee Visa, which, as opposed to the J-1, you have to apply for directly at US Citizenship and Immigration Services in the US. For this, the US company/employer must offer a trainee program that is generally available for foreigners, meaning the internship may not be specially designed for you specifically. As a further requirement, you have to prove that no similar trainee program is available in your home country.

As an alternative, you may also, besides the H-1 Visa ("Specialty Occupation"), apply for the so-called H-2B Visa, both of them temporary work visas. However, companies often insist on a more long-term employment of no less than one year at least before they agree to file a petition for these visa types.

IMPORTANT: A B-Visa only qualifies as an alternative to a very limited extent, since internship visas (like all other visa categories as well) are based on the purpose of the stay and not the length of the stay alone.

For further information, please do not hesitate to call our consulting hotline and talk to our experts.