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Community Resource Center
Services for Specific Populations
Immigrants
Visas
Sections:
What is a visa?
How long do visas last and how long can I stay?
How can I get a visa to visit a sick/dying relative?
How do I apply for a Visa?
Can I extend my authorized stay?
Can I work with a visa?
Are visa-holders eligible for public benefits?
Which non-immigrant visas may offer a path to citizenship?
More Information (Links to other pages)
What is a visa?
A visa is the document that lets one enter this country. One applies for a visa in their country of origin and is interviewed by the U.S. consulate in that country. There are two main types of visas- immigrant and non-immigrant. Non-immigrants are those who come for a specific purpose who report no intention to stay permanently. There are 22 types of non-immigrant visa statuses. Some examples include students and to gain professional experience. Visa holders are required to return home once the purpose of their stay has been completed. Immigrant visas indicate that one is applying to be here permanently and ultimately to become a Lawful Permanent Resident.
How long do visas last and how long can I stay?
It depends on the visa. Upon entry to the U.S. via land foreign born people receive an “Arrival-Departure Record” (I-94) document which states the visa category and the approved length of stay. If arrival is via air or sea the I-94 is now automated and the visitor will instead be provided with a Customs and Border Protection (CBE) admission stamp in the travel document. The I-94 or the CBE stamp shows the nonimmigrant status and the length of time one can legally remain in the United States. The visa itself only shows when and how many times you may seek admission to the United States from abroad based on the classification noted on your visa.
If the visa has the letter “E” it means is valid for one entry. Some are stamped with the letter “M” (for “multi-entry”) which means the same visa may be used again for another approved entry. These “M” visas are commonly valid for a year, but this can cause confusion since that does not mean that the visa holder can stay for a full year. Some visas are valid as long as 5-10 years. Some, such as full-time student visas, may say D/S, which means “Duration of Status”. These non-immigrants may stay for as long as they remain full-time students.
How can I get a visa to visit a sick/dying relative?
The visa request and an interview must be arranged in the U.S. Consulate in the home country. Many/most countries have a process to request an expedited visa interview, the U.S. consular websites for each country explain their procedures https://www.usembassy.gov/. One must explain the situation and provide supporting documents from a doctor if possible. MIRA may be able to help in these situations.
Involving Congressional Offices - congressional office staffers have shared the following tips and advice about seeking their assistance with compassionate visas:
- Policies vary: some congressional staffers said they would only intervene if one has been denied via the regular expedited visa interview process noted above; other staffers may get involved earlier, but suggest that they may be most helpful if something has gone wrong.
- Congressional staffers may write a letter to the Embassy to ask for reconsideration fo the visitor visa for compassionate reasons. Many times the visas are then granted. The ultimate decision however lies with consular offices; even with letter from Senator’s or Congressional office the application can still be denied.
- What makes a strong candidate- Consulates are looking to see that the applicant is likely to return home, and not overstay their visa in U.S. Those from developed countries with close family in home country, a steady job, etc. are favored. Those without any/some of these characteristics may benefit most from a letter to fill in the gaps, to explain their ties to their country of origin and make the case that they will return home when their visa expires.
What follows is general guidance from a conversation with a Staff member in Senator Elizabeth Warren's office. The office asks that the individual contact the office directly before sending them any information to discuss their specific case.
- Letter of Support- If an applicant can prove strong ties to their country/community the congressional office can assist in writing a letter of support. The following information is helpful to have to assist the office in writing the letter.
- Names of the visa applicant(s)
- Dates of birth of the visa applicant(s)
- Passport number(s)
- Intended date of the next visa interview
- Interview Confirmation Number(s)
- Waiver form filled out by applicant(s)
- When contacting the office the applicant should also have proof of social, economic, and family ties to their country which will compel them to return to their country. These are the same proofs an applicant can bring to their interview.
- The proofs can include: employment letter, evidence of service in the military, business transactions, proof of enrollment in school, tuition payments,proof of a bank account, proof of property ownership,mortgage statements, lease agreements, birth certificates of other relatives in their country, and any involvements in community organizations or religious groups.
- The office requests to have copies of these document proofs (in English or English translation)
- The office will contact the Embassy/Consulate two business days prior to the applicants next interview and prefers to receive documents at least one week before the intended interview date.
- Humanitarian parole- If it is really a matter of life and death then they encourage the social worker to assist the patient to file for a humanitarian parole visa which USCIS can grant and override the Consul’s denied visitor visa.
- Must first have exhausted all other ways to get a visa before a humanitarian parole visa request can be filed.
- Time frame: Warren’s office reports they have had some turned around in a matter of days, depending on the urgency of the medical condition. Most always they are done in 2-4 weeks. Normally processing is 90 working days.
- Note: USCIS website can be translated into Spanish- humanitarian parole page.
- Find your Senator: http://www.senate.gov/senators/contact/
- Senatorial Office Contacts:
- Sen. Ed Markey’s office - Tristan Takos, Constituent Services Director. The Boston office phone number is 617-565-8519.
- Sen. Warren's office - Olivia Paulo, Staff Assistant, 617-565-3170.
- Find your Representative - find a US representative by zip code: http://www.house.gov/representatives/find/
- Tip: For Ayanna Pressley’s constituents, the contact in her office, Ronald Claude, can best be reached via email at ronald.claude@mail.house.gov. He does not currently have an operational office phone.
Trump's Travel Ban
The US Supreme courte recently allowed Trump's travel ban to go into effect with some changes. Citizen's of six majority-Muslim countries – Iran, Libya, Somalia, Syria, Sudan and Yemen – may be barred from entering the U.S. for 90 days unless they have “any bona fide relationship with a person or entity in the United States.”
After the ruling the Trump administration set new criteria for visa applicants from these nations and all refugees that require a ‘‘close’’ family or business tie to the United States. The State Department said that new applicants from Syria, Sudan, Somalia, Libya, Iran and Yemen must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the United States to be eligible. The administration said that the following are not considered to be close relationships under the guidance:
grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancees or other extended family members. This limit was subsequently overruled by a federal judge, which was then supported by the US Supremen Court. These extended family members ARE to be considered bona fide relationships. The new travel ban took effect at 8 p.m. Eastern Daylight Time on Thursday June 29, 2017 so is expected to remain in effect until late September.
Timeline/background: Late on 7/13/17 a federal judge agreed to overrule the Trump Administration's narrow definition of family in enforcing the travel ban. The decision means that "grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States" will now count as sufficiently close family relationships to gain entry into the country. The Trump administration subsequently appealed directly to the Supreme Court. The Supreme Courte supported the judge's ruling expanding the definition of a close family relationship. See the full CNN story on the judge's ruling and the CNN Story on the Supreme Court Decision
More information: What the Supreme Court's Ruling on Trump's Travel Ban Means - Administration Sets New Visa Criteria, MGH Community News, June 2017.
How do I apply for a Visa?
To apply for a Visa for temporary stay in the U.S., find the country of origin at: http://usembassy.state.gov. Each Embassy has its own process for requesting a non-immigrant visa (e.g., for a family member to come here temporarily), and how to expedite the date of the interview. Each webpage is also organized differently- look for information on "non-immigrant visas". Generally they only offer an expedited visa interview date in one of these emergency situations:
- To receive or continue urgent medical treatment in the United States.
- To care for/visit an ill relative in the United States.
- To attend a funeral of a close relative.
- For an urgent trip for work or business.
- A court appearance or legal citation.
Also see: Trump's travel ban for citizens of Syria, Sudan, Somalia, Libya, Iran and Yemen
Can I extend my authorized stay?
See the USCIS document How do I extend my nonimmigrant stay in the United States?
See the above link for details about which non-immigrants are eligible to renew their visas or extend their stay.
As noted above (How long do visas last?), the I-94 or the CBE stamp shows the nonimmigrant status and the length of time one can legally remain in the United States. The visa itself only shows when and how many times you may seek admission to the United States from abroad based on the classification noted on your visa.
To renew most NON-EMPLOYMENT based visas, complete form I-593. USCIS advises you apply at least 45 days before your stay expires.
An extension of stay is not automatic. USCIS will look at your situation, your status, and the reasons you want to extend your stay before deciding whether or not to grant your application and for how long to grant it. If there are compelling circumstances such as visiting a critically ill relative, we've been advised to suggest including a physician letter.
If your authorized stay is ABOUT to expire, make sure you file your application in time for USCIS to receive it before your status expires. We've been advised to send it overnight mail if need be to ensure it is received before the visa expires. Congressional offices' constituent services programs may be able to check on status once the application has been filed, but may require a formal request and release form before doing so.Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending. If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful. If your application is denied, you may be required to depart the United States immediately.
If your authorized stay or visa HAS expired, while anyone can file an application, USCIS says they usually will not grant an extension of stay. If you believe compelling unforeseen circumstances beyond your control prevented you from filing on time, please explain your unforeseen circumstances in your application and include any documents to support your claim. Congressional offices' constituent services programs may be able to check on status once the application has been filed, but may require a formal request and release form before doing so.
Can I work with a visa?
To get a non-immigrant visa generally one needs to indicate that one has the means to support oneself in the country, so work isn’t generally authorized. Some exceptions follow:
- Those on student visas can work on campus for 18 hours/week if they get work authorization . This work authorization is for a specified time. Those who have graduated from a U.S. institution can work here for one year after graduation. Their employers would need to petition on their behalf for them to legally be able to continue working beyond this year.
- There are different types of work visas; H-1B visas, for example, are for professionals for whom there has been determined a shortage in the U.S. This is a non-immigrant visa, but these visa holders as the purpose of this category implies, are able to work here for 6 years (and their employers may petition for a green-card).
- Those with a special “U-Visa”- victims of violent crime who are here and cooperating with prosecution may be able to get a special visa and work authorization regardless of immigration status. Because of this, many folks who are victims of domestic violence but ineligible for VAWA because they were not married to a USC or LPR, can get U-Visas.
Are visa-holders eligible for public benefits?
Visa holders are "non-immigrants"- visitors. So generally they are not eligible for federal benefits (exceptions include Victims of trafficking and their derivative beneficiaries and those eligible via employment for Medicare). If they can document that they intend to stay in MA they may be eligible for some state benefits that have more generous eligibility criteria such as Health Safety Net, state subsidized housing. Those who intend to stay should consult an immigration attorney to understand any options available to convert to a permanent legal status.
Which non-immigrant visas MAY offer a path to citizenship?
K, R, S, T, and U.
K= fiances, R= religious workers, S= certain witnesses/informants cooperating with law enforcement, T= trafficking victims, U= victims of certain crimes
More Information
Learn more about immigrants and public benefits eligibility.
Also see: Legal: Immigrants page
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