Visa Information

Once again we would like to publish some questions which we receive daily from our customers. These questions are answered by our counselors of the visa department. All our counselors have a long experience with immigration law and dispose of a great knowledge in the recent visa - regulations. Please note that the given answers cannot automatically be referred to your own situation. The answers cannot replace a personal counseling and no responsibility is taken for the correctness of this information.

Please let us know how we can assist you. We will react to your personal counseling wishes as flexible as possible.

Please click on the following link and enter your questions and we will get back to you as soon as possible.

Your Question:

I am a German Citizen, at the moment I am staying in the U.S. under a Visa Waiver Program. I would like to extend the period of stay up to 6 months. Is there the possibility to extend my Visa while I am still here or I would have to go back to Germany in order to be able to apply for the B-2 Visa?

How much it would cost and how long it takes the processing in general?

Our Answer:

Unfortunately it is not possible to apply for a new Visa or to extend the period of time while staying in the U.S. under a Visa Waiver Program, the legislation does not authorize this. Insofar if you are planning to stay for a longer period of time, you have to leave the USA, go back to your own country and direct at an U.S.-Consulate (Frankfurt, Berlin or Munich) apply for the B-2 Tourist Visa.

The application can be quickly fulfilled but you are obliged to a personal interview at the Consulate, how long it takes for you to become the invitation depends on their agenda. We reckon 2-3 weeks for the processing, respectively until you will receive the Visa. The service fee charged by the U.S. Consulate for a B-2 Visa is 105.00€.

A B-2 Visa is in general granted for or is valid for a period of 10 years and allows the person to stay in the U.S. for a maximum of 180 days but the Immigration Officer still can decide upon your arrival for how long you will have the permission to stay in the country.

If you will be granted with the Visa depends on you proving that you have strong commitments with Germany, proving that you have reasons and the intention to return to your country. In case you have been in the U.S. too often in the last months, you should expect some questions at the border why it has been so, what were the reasons and what you intend to do in the U.S.

 

Your question:

My daughter is at the moment in Texas as a High School exchange student, she is having a J-1 Visa but she would like to stay longer and go to a College there. Is that possible or is she not “allowed” to apply for another Visa? How can she stay in the U.S., if she can at all? What can we do about it?

Our Answer:

Below the requirements your daughter must follow in order to visit a College in the U.S.:

1. She will need an F-1 Visa. One of the requirements related to this Visa (among others) is that the College must be registered at Sevis – I-20. You can verify that by clicking on the link

 2. Your daughter could while still being in the U.S. change her J-1 Status to F-1 Status, she does not need to leave the country. The change of status should be requested 45 days prior to the expiration of her J-1 visa, in case she misses the deadline, she will have to apply here in Germany at an U.S. Consulate or she comes back at the end of her exchange student program and apply here for a F-1 Visa and then she can go back to the U.S.

3. Regarding your question if she is “allowed” at all to apply for another Visa since she is under an J-1 and within the conditions related to this type of Visa there is a “2-year-rule”. However this rule affects only a person that was doing a traineeship in the U.S. sponsored or financially supported by the government (which will be noted on the Visa stamp). If this is the case, the person has to go back to her/his country and stay there for at least two years in order to be able to apply for an H-, L-, K- or an immigration visa. Even if the U.S. authorities for some reason try to imply that your daughter has to wait two years (what we do not believe it will happen), even then could she apply for an F-1 Visa.

 

Your Question:

My question is if there are other ways to obtain a GreenCard aside from getting married and participating in the lottery? What possibilities do I have to obtain a working permit Visa?

Our Answer:

In general there are three ways to obtain a GreenCard:

1. Family-Based GreenCards (family based immigration): a close relative has to apply for the petition for you, he must be an U.S. citizen. It is only possible for the following relatives: husband or wife; unmarried children under 21 years old; brother or sister; etc.

2. Employment-Based GreenCards (through a job/employer): the U.S. employer must apply for you. There are five different categories for the Employment based immigrant Visa, depending on your qualifications or on the specific situation there will be multiple requirements and generally it takes several years (sometimes up to 5 years). Usually the employer will prefer to apply for a working visa like H-; E-or a L- Visa, instead for a GreenCard. One of the 5 categories under an Employment-Based GC is the “Investor and Employment Creation category”, aliens who are able to invest and create job opportunities may be granted with a GC, the amount of the investment varies from State to State between US$ 500,000.00 – US$ 1,000,000.00.

3. Lottery: Beyond that there are still the general working visas (non-immigration visas), in order to be able to apply for one of them you have to present a concrete job proposal and the US employer must submit the application for you.