Visa & More: Frequently asked questions

As always, here are a few of our customers’ questions, answered by our counselors. All of our counselors possess many years of experience with the American immigration law and have profound knowledge of visa regulations, kept up-to-date by constant further and advanced training.

Please note that the following answers, even if they seem to apply to your individual situation, do not necessarily have to be the correct answer for you.

Since each situation is different, no responsibility is taken for the correctness of this information. To get information and advice for your own individual situation, please only rely on personal counsel and assistance from our experts.

The American Dream GmbH is accredited as an emigration counseling center for the for travel to the US according to German “Auswandererschutzgesetz” (emigrant protection law) and is a member of the American Chamber of Commerce.

Please let us know how we can help you. If you need counseling or an appointment, please contact us and we will assist you flexibly and as soon as possible. Any questions concerning our services and prices can be asked online anytime.

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YOUR QUESTION:

I am a Polish citizen and have been living in Germany for 27 years now. For about 15 years now I have had a permanent residence permit. In 1989 I had a US visa valid for two years and went to the US for about a month. What kind of a visa do I need now and what do I have to do?

 

OUR ANSWER:

You need a B-2 tourist visa. You can apply to one of the three visa departments of the US consulate in Germany: Munich, Berlin, or Frankfurt. You have to schedule an appointment for an interview with one of the three consulates (by calling the embassy hotline), prepare your application form for this interview and, prior to the appointment, pay the visa fee. At the appointment, which is at the same time the day you officially file your application, you have to present documentation for your residence permit, economic ties (job, regular income) as well as documentation about your living situation and family ties in Germany.

 

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YOUR QUESTION:

I have a job offer from a German company that needs a qualified mechanic for their branch in the US on a permanent basis, since they can’t find one in the US. I would get a permanent contract. My question now is: what kind of visa do I need and what are the requirements? I do have relatives in the US, not first-degree relatives, however.

 

OUR ANSWER:

The company can file a petition for the H-2B visa for you. Before that, they have to convince the local US Department of Labor that they have advertised the position long enough, but couldn’t find someone with the right qualification in the US. If they can convince the Department of Labor, they will next have to file a petition with USCIS. As soon as they give their approval as well, you may schedule an interview appointment at your local consulate, where you can apply for the H-2B visa, and they will issue it. The visa will be issued for an initial period of one year and can be extended twice in one-year increments, maximum validity is three years. Applications can be filed again in October, for start of employment being April 1, 2009 at the earliest.

 

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YOUR QUESTION:

I have a valid B-2 visa in an expired passport, and I also have a valid passport. Can I enter the US like that or do I have to have the visa transferred to my new passport?

 

OUR ANSWER:

US consulates may not transfer B-2 visa. Therefore, to enter the country you will have to have both passports on you, the invalidated one with the visa and the new one without the visa. Please make sure that your B-2 visa isn’t damaged/hasn’t been damaged during invalidation of the passport, that would make it invalid for admission into the US. If you don’t want to carry two passports in the long run, you will have to apply for a new B-2 visa, and again submit all the same forms and documents you did for your previous application.

 

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YOUR QUESTION:

We are retired and want to travel through the US and Canada in our motor home. Now I’ve heard that you may only travel the country for six months. This is not enough time for us! We want to see more and take our time and we are planning to stay for one year. Please tell us what options we have.

 

OUR ANSWER:

You can apply for a B-2 visa which can be valid up to ten years, and will allow to stay in the US for 180 days at a time. After entering the country, at least 45 days before the end of your stay set by the border officials, you should file an application for extension with the US Citizenship and Immigration Services (USCIS). You can also apply for re-entry from Mexico or Canada, but whether this is granted depends very much on the border official’s good will. If you are denied re-entry there, you will have to return to Germany from one of those two countries.

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YOUR QUESTION:

I’m in the US as a student on the F-1 visa. I received training as a commercial clerk in Switzerland and have almost four years of working experience. A US company would be interested in hiring me. As far as I heard it, I can only get a work visa if I have a college degree (and my job training isn’t) or if the company can prove that no US citizen is qualified for my position. Is that right? In case my work visa is denied, could I then also lose my student F-1 status?

 

OUR ANSWER:

If you don’t have a college or university degree, you need at least twelve years of working experience (job training doesn’t count) for the so-called H-1B visa as a substitute for the missing academic degree. However, at present H-1B visas won’t be available again before October 2009 anyway. As an alternative, your employer could file a petition for the H-2B work visa for you. Prior to that, like you said, it has to be proven that no US citizen could be found to fill the position. If that works out, the company will apply for a change of status from F-1 to H-2B at USCIS for you. Important: in case of travel outside the US, apply for the H-2B visa at a US consulate in your home country or a country adjacent to the US, without it, you will not be permitted to re-enter the country. If your H-2B application is denied but you want to keep studying and still have your place at college, you may keep your F-1 status.