Unlock the Doors to America: Your Ultimate Guide to the US Visitor Visa (B1/B2)

To travel to the United States, you need a visa or travel authorization. There are different types of authorizations, depending on the length of stay and other factors such as travel history.

Before 2008, in order to visit the United States, one had to visit the U.S. Embassy in Korea and go through complicated procedures such as an interview to obtain a visa. However, since Korea joined the U.S. Visa Waiver Program (VWP) on November 17, 2008, Korean citizens can now visit the U.S. without a visa by simply registering online and receiving an ESTA. However, ESTA is Electronic passport This only applies to passports that are not electronic passports, and a separate visa must be obtained for passports that are not electronic passports.

The U.S. government grants VWP status, which allows visa-free entry and stay for 90 days for tourism, business, etc. to approximately 30 to 40 countries, taking into account border security, immigration control, and visa denial rates.

If you plan to stay for more than 90 days or visit for the purpose of changing your status after entering the country, such as for study, employment, reporting, or immigration, you must obtain a visitor visa (B1/B2).

There are two types of visitor visas (B1/B2), B-1 and B-2. B-1 is a visitor visa for business purposes, and B-2 is a visitor visa for pleasure purposes. When entering the U.S. on a visitor visa, the immigration officer will ask about the purpose of your visit, and depending on how you answer, the permitted period of stay may vary.

If you come to the U.S. for leisure purposes, you are usually granted a period of stay of about 6 months, and if you come to the U.S. for business purposes, you are usually granted a period of stay of about 3 months. So what constitutes leisure (Pleasure) and what constitutes business (Business)?

According to the Overseas Business Manual (9 FAM 41.31 N.4-8 and N.13-14), first of all, the purpose of pleasure refers to cases where a person enters the country to visit for tourism, visiting relatives, visiting for health purposes, or attending music or sports events as an amateur. On the other hand, the purpose of business refers to cases where a person visits the United States for work involving commercial transactions.

In fact, since the list of all passengers entering the United States is provided to immigration officers of the Department of Homeland Security before the plane takes off and arrives at a U.S. airport, it can be said that they already have a list of passengers who are deemed suspicious.

Therefore, the entry interview, which usually lasts only about 45 seconds, can be said to be conducted in a formal manner. However, even in this short interview, passengers whose intentions are deemed suspicious are sent to the second inspection area where they undergo a detailed inspection. If you go to the second inspection office (2nd Inspection Room), all your belongings can be searched.

At this time, if a U.S. driver’s license, bank check, etc. are presented, it may be considered that you have an intention to reside permanently. If a graduation certificate, transcript, etc. are found among your belongings, it may be determined that you have an intention to change your visa. Also, if clothes that are not suitable for the season are found in your bag, it may be considered that you have an intention to reside permanently in the U.S. and you may be denied entry. Therefore, you should be careful not to mention your intention to live in the U.S. or other reasons for your visit during the interview, and you should not carry items that may be considered to indicate an intention to reside permanently.

It is not true that a person with a visitor visa must stay in Korea for a certain period of time (2-3 months) before re-entering the United States after returning to their home country, or that the period of stay in Korea must be longer than the period of stay in the United States when re-entering. However, if you frequently enter the United States on a visitor visa, you must of course answer accurately when the immigration officer asks about the reason for your entry.

Lastly, if you enter the U.S. on a visitor visa and change your status to student and then return to Korea, the student status you changed in the U.S. will be canceled the moment you leave the U.S., but if the visitor visa you received in Korea is still valid, you can use it again when entering the U.S.

However, even if there is time remaining, it does not necessarily mean that the visa is valid. This is because if you exceed your authorized period of stay in the United States by even one day, your U.S. entry visa is automatically invalidated (INA Section 222(g)).

There are many stories that the US visitor visa (B1/B2) is difficult, but if you prepare carefully from the perspective of the consul, it is not impossible. If you need help in this area, please contact the experts at Shade House at any time.

No one can guarantee 100% success in obtaining a visa, but Shade House can help you with the best possible direction and preparation.

Shade House can review your case and give you an opinion on the likelihood of success. We can also help you develop a plan and suggest additional precautions. We can help you create a customized plan for every step of the process, from filling out the form.

Shade House successfully leads cases with trustworthy lawyers and experienced and skilled legal scriveners.

Shade House has experience in leading even extremely difficult or failed cases to success. We will wisely utilize the numerous success stories we have accumulated over a long period of time to get your case approved.

If you have any questions regarding immigration law, please contact us at any time.

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