A visa is an endorsement placed inside a passport that affirms that you have obtained permission to travel to a specific country. So, unless you are in a country that enjoys visa-waiver status with the USA, you must apply for a visa at an embassy or consular office closest to you.
United States Visa Categories
United States law provides for two broad types of visas, namely immigrant and non-immigrant visas. Immigrant visas are issued to people who qualify for permanent residence or a Green Card that allows them to live and work in the USA for an indefinite period.
Non-immigrant visas are issued for short-term stays and have several categories. The category of visa you may apply for depends on your:
- Reason for traveling to the USA,
- Nationality,
- Employment and education status,
- Occupation,
Note that there may be a special visa regime for citizens of your country. So, you must check for that first. For example, citizens from countries on the US Visa Waiver Program do not have to obtain a visa before traveling to the US.
Recently, Qatar became only the second Muslim-majority country after Brunei to be granted visa-free status. Note, however, that these visas are for people traveling to the USA for stays not longer than 90 days.
Here are a few common nonimmigrant visas you can apply for under US immigration law:
- B-1 Visa (business visitors)
- H-1B Visa (temporary workers)
- H-2B Visa (temporary non-agricultural workers)
- I Visa (journalists, media representatives)
- K-1 Visa (fiancé(e)s of U.S. citizens)
- K-3 Visa (spouses of U.S. citizens)
- L-1 Visa (intracompany transferees)
- O Visa (extraordinary ability – artists, athletes, scientists)
- P Visa (artists, athletes, entertainers, group performers)
- R Visa (religious workers)
What are the Requirements for Getting a US Visa?
Immigrant visas
- Family-based immigrant visas
This type of immigrant visa allows holders to live and work in the United States indefinitely. They are available to people with close family members who are citizens of the USA. This means your relative who is a US citizen sponsors your visa application.
So, American citizens can sponsor their spouses, unmarried children who are under 21 years of age, or parents for permanent resident visas. There are different types of visas available to these different classes of immigrants. For example, an IR1 or CR1 visa is issued to spouses, while children are issued an IR2 visa.
A limited number of what are called family preference visas are also issued every year. These are available for relatives of US citizens who do not qualify for standard family-based immigrant visas. These are:
- Siblings,
- Unmarried children who are aged 21 or older,
- Spouses and unmarried children of Green card holders.
- Diversity Immigrant Visa (Green Card Lottery)
Each year the US government grants 55,000 immigrant visas to citizens of countries with historically low migration rates to the USA. Other than a high school diploma, the diversity visa program has no special qualification requirements. Find out if you are from a qualifying country here.
Nonimmigrant visas
There are different types of nonimmigrant visas available to those who qualify. These visas are awarded for short-term stays, which could be for:
- Work,
- Business,
- Exchange visitor programs,
- Continuous travel through the USA,
- Religious work,
- Journalism and media work.
These nonimmigrant visas have different requirements. For example, to obtain an I-visa reserved for journalists, you must show that you are a member of a foreign news organization traveling to the USA to engage in qualifying activities and for a media organization domiciled in a foreign country. You must be accredited by a professional organization or government agency in your country.
To obtain a religious worker or R-1 visa, you must, among other requirements, be a member of a religious denomination recognized as a bona fide nonprofit religious organization in the USA. You must also have been a member of your denomination for the two years immediately preceding your application for religious worker status.
How to start applying for a US visa
The US government has made strides to curb religious, cultural, and all other forms of discrimination in its immigration processes. So, no matter your race and whether you are a Muslim, Christian, or Hindu, the system gives you an equal opportunity to obtain a visa.
Step 1. Know your visa type
There are different types of immigrant and nonimmigrant visas, all of which have their own set of requirements. So, before applying, you must know what type of visas are available to you and whether you qualify.
The best way to know what type of visa you should apply for is to understand the reason for your trip. You should answer these questions first:
- Why are you traveling to the USA?
- What will you be doing while you are there?
If you want to work while you are in the US, you should obtain a visa that allows you those privileges. You should also know what specific type of work you qualify for.
Is it seasonal agricultural work or religious work? If it’s seasonal agricultural work, you may also need to check if you are from a country that qualifies for such a visa.
If you intend to work in the USA for an extended period, you may need to look into other types of work visas. So, the purpose of your trip and the duration of your stay determine what visa you should apply for.
Step 2. Complete your application
Once you know what visa you are applying for, it’s time to lodge your application. You should complete a Nonimmigrant Visa Electronic Application (DS-160) form. This means you must complete this electronic form before presenting yourself at the embassy or consular office for a visa interview.
The information you fill in on the DS-160 form must be accurate and truthful, otherwise you will be disqualified. Also know that, once you submit the form, you can’t make any changes to it. So, you must take your time and exercise caution when completing the electronic application.
At this stage, you are probably asking, how much does it cost to apply for a US visa?
Step 3. Pay your visa fee
Visa applicants must pay a processing fee. That payment allows you to book an appointment with an immigration officer. Check the fees for the different types of visas here.
When you pay your fee, the system lets you create a profile that it will associate with your receipt. It is through that profile that you schedule your appointment for a visa interview.
Step 4. Make an appointment for your visa interview
To schedule a visa interview, you must log into the profile you created in the previous step. You must locate the button to schedule an appointment on your dashboard. You will need the following information to complete the process:
- Passport number,
- The ten (10) digit barcode number from your DS-160 confirmation page
- The receipt number for your application fee payment.
Before scheduling an appointment, you will also be prompted to select the visa type, add your dependents, and select the address where your passport and visa will be delivered.
Step 5. Attend the interview
Finally, it’s time to present yourself to an immigration official for a formal visa interview. For many people, this is where the rubber meets the road. You must prepare yourself well for the interview. It is advisable to engage the services of an immigration lawyer if the entire process is too overwhelming for you.
However, before the interview can begin, there are documents you must present to the immigration official. The most important document is your passport. Besides your travel document, you must also submit your DS-160 confirmation page and appointment confirmation.
Some of the questions you can expect to be asked in the interview are:
- How will you be funding the trip?
- What is your annual income?
- Have you visited the USA before?
- What ties do you have to your home country?
- Where will you stay in the USA?
- Do you have any prior criminal convictions?
Your answers to these questions are crucial to your chances of getting approved for a visa. Again the services of an experienced immigration lawyer will come in handy here. They will have the expertise to guide you through the process and coach you for the visa interview, preparing you on how to answer specific questions.
Step 6. Collect your passport and visa
Your passport and visa will not be ready to collect on the same day of the interview. You will not even know if you have passed the interview or not. For that, you must wait for an email and SMS they will send you advising you that your passport is ‘ready for pickup’.
The passport will be delivered to the address you provided on the DS-160 form. If your visa application has been denied, you can ask why. If you are eligible for a waiver, you may still be issued with a visa.
How to Boost Your Chances of Obtaining a Visa
At Muslim Legal, we have attorneys with vast immigration law experience who have helped other people like you successfully migrate to the USA. Serving Florida and with partner lawyers in other states, we understand the unique challenges people from different backgrounds face when applying for visas and navigating the immigration system.
Disclaimer
The content provided on this blog is for informational purposes only and should not be construed as legal advice on any subject matter. Readers should seek legal counsel or other professional advice for their specific situation. The information on this blog is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. While efforts are made to keep the information accurate and up-to-date, laws may change, and we make no guarantees regarding the completeness or accuracy of the information provided.
