Visa & More: Frequently Asked Questions

Below, you will, as usual, find a selection of visa questions we have been asked by our customers over the last few days. Please note that none of the answers below is an actual substitute for individual consulting and can only touch on the real issues. We would like to point out that we do not take responsibility for the correctness of this information.

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.

YOUR QUESTION: I'm 25 years old and have completed a three-year job training as a gym instructor, a one-year advanced training as a sports therapist and two years of work experience as a fitness trainer and sports therapist in Germany. I could be hired in a fitness club in Orlando in July. In know what I need for a visa, for example the I-797 ("Notice of Action") that the employer has to apply for and fill out. Where can the potential employer obtain this form, is this very complicated? I am in Orlando as a tourist at present.

OUR ANSWER: Unfortunately, you cannot apply for the form I-797. It is the approval for a work permit/residence permit as the result of an application process in two steps. In your case, the employer may petition for the so-called H-2B that would be issued for an initial phase of one year, provided the employer can prove to the US labor office that there is no US citizen available for the position. It may take up to six months before the work permit and then the residence permit for this visa will be approved, so you cannot be hired in July. Since there are only 65,000 visas available and applications could already be submitted to USCIS since April 2005 but you have to complete the labor certification process before, we believe that you chances for this year (earliest employment start date October 1, 2005) are rather slim. Unfortunately, you will have to leave the US again, an adjustment of status is not possible under the Visa Waiver Program.

YOUR QUESTION: My husband is a US citizen and currently still stationed in Kitzingen (US army). Last week we learned that he would be transferred to an army base in the US on May 26, 2005 already, but I don't have a visa yet!

OUR ANSWER: Unfortunately, you won't be able to obtain an immigrant visa in this time. The application process at USCIS and the US consulate in Frankfurt takes about six months. However, we do recommend that you apply there - preferably in person - now because otherwise your husband will have to do this in the US, which may take even longer. In some states, it may take a year or more, and that doesn't even include that processing time at the US consulate afterwards.

YOUR QUESTION: My son's F-2 visa expires June 25, 2005. I would like to have it extended in good time because my son wants to visit his mother in PHL, as every year.

OUR ANSWER: In general, applicants - also those who just want to extend their visas - have to show up in person at that US consulate that has issued them the visa. Sending the application by mail is only possible in case your son is younger than 14. It is important that you present documentation about your own student status (F-1) in the form of a copy of your valid I-20 Certificate, of his and your own original arrival/departure notice I-94, and of your own F-1 and his F-2 visa.

YOUR QUESTION: With an expired criminal record (narcotics), do I need a visa to enter the US as a tourist?

OUR ANSWER: Yes, you will need a visa. Without a visa, you may be turned away at the border and even bet a lifelong entry ban. Unfortunately, there is also no guarantee that you will be issued a tourist visa, because violations of the narcotics law, i.e. drug crimes, are not a petty offence. Please get some expert consultation before applying for a visa.