Non Immigrant Visas

Individuals seeking temporary entry into the United States for specific reasons rely on non-immigrant visas. Examples of these reasons range from study to tourism. America has a complex immigration system, so navigating the application process can be challenging. Working with a non-immigrant visa lawyer may increase the chances of achieving your desired outcome.

The team of attorneys and support staff at Martinez Immigration Law Center have in-depth knowledge and many years of in-depth experience in this very niche practice area. We take on the most challenging of these cases across the country from our Texas-based firm.

We offer the following overview for obtaining a non-immigrant visa; please call us with your questions. Perhaps we can work together toward this important goal.

We can help you get a non-immigrant visa! Book a virtual consultation today.

What Are Non-Immigrant Visas?

Non-immigrant visas are temporary visas issued to foreign nationals who want to enter America for a particular reason and a predetermined period. These visas are not intended for permanent residency and have strict conditions and restrictions.

The U.S. government categorizes non-immigrant visas according to the purpose of the visit. Each category has specific eligibility requirements and application procedures. An experienced non-immigrant visa lawyer can help guide applicants through this process to ensure accurate information and documentation.

The Main Types of Non-Immigrant Visas

The United States provides several non-immigrant visas for foreign nationals to choose from. Here are some of the most common ones you might consider:

The United States provides several non-immigrant visas for foreign nationals to choose from. Here are some of the most common ones you might consider:

  1. B-1/B-2 Visitor Visas: For tourists, business visitors, or those seeking medical treatment.
  2. F-1 and M-1 Student Visas: For international students attending academic or vocational institutions in the United States.
  3. H-1B Specialty Occupation Visas: For workers in specialized fields, such as technology, science, architecture, or engineering.
  4. L-1 Intra-Company Transferee Visas: For employees transferring from a foreign branch within a multinational company to a US-based branch.
  5. O-1 Extraordinary Ability Visas: For individuals with exceptional talent in the arts, sciences, education, business, or sports.
  6. P-1, P-2, and P-3 Cultural Exchange and Entertainment Visas: For athletes, artists, and entertainers participating in events or performances in the United States.
  7. U-1 Victim of Crime Visa: For victims of certain crimes, such as human trafficking, who are willing to cooperate with law enforcement authorities.
  8. K-1 Fiancé(e) Visas: For foreign nationals engaged to U.S. citizens and planning to marry within 90 days of entering the United States.
  9. E-2 Investor Visa: For investors from countries that have a treaty with the United States, and who wish to invest or launch a business in America.
  10. R-1 Religious Worker Visas: For foreign nationals temporarily working in religious occupations or vocations in the United States, usually as a minister.

We can help you get a non-immigrant visa! Book a virtual consultation today.

Why Consider a Non-Immigrant Visa

Non-immigrant visas are ideal for individuals seeking temporary entry into the United States or for people who do not need residency. Here are some additional benefits:

  1. Flexibility: Non-immigrant visas cater to various purposes, such as tourism, work, or study. You have several to choose from without needing to commit long-term.
  2. Limited duration: The temporary nature can be helpful for those who only need to be in America for a specific time and do not want the long-term hassle of residency or citizenship.
  3. Maintaining foreign ties: Some countries do not allow dual citizenship; even residency can lead to complex tax and legal situations. Non-immigrant visas may offer solutions for foreign nationals from countries like these.
  4. Streamlined application process: In some cases, non-immigrant visas have a faster and less complex application process compared to immigrant visas.

Dual Intent Doctrine and Non-Immigrant Visas

The Dual Intent Doctrine allows certain non-immigrant visa holders to apply for permanent residency (a green card) without jeopardizing their current non-immigrant status. This doctrine primarily applies to the following visas:

  • H-1B (Specialty Occupation) 
  • L-I (Intra-Company Transferee)
  • O-1 (Extraordinary Ability) 
  • P-1 (Cultural Exchange and Entertainment) 
  • E-2 (Investor) 

As part of our immigration law services, we help clarify whether the Dual Intent Doctrine applies to your situation and guide you through the necessary steps to adjust your status. Dependents of those holding eligible visas may also get benefits.

Re-Entry After Deportation

Before you gain eligibility for a non-immigrant visa, you may need to resolve a previous deportation matter. Re-entry after deportation can be complicated, as deported individuals are typically barred from re-entering the United States for a specific period. In certain circumstances, deported persons may apply for an I-212 waiver. If granted, it allows them to apply for a non-immigrant visa or other immigration benefits.

We can help you get a non-immigrant visa! Book a virtual consultation today.

What Is an I-212 Waiver?

An I-212 waiver is a formal request to the U.S. government to lift the re-entry bar that applies to previously deported individuals. Obtaining an I-212 waiver does not guarantee U.S. entry. However, it may enable the individual to apply for a visa or other immigration benefits without the previous deportation affecting eligibility.

I-212 Waiver Requirements

To qualify for an I-212 waiver, applicants may need to demonstrate these and other requirements:

  1. A legitimate reason for seeking re-entry (e.g., family, work, or humanitarian reasons)
  2. The passing of enough time since the deportation to justify re-entry
  3. The presence of no risk to public safety or national security
  4. No harm to the public interest from granting the waiver

How to Apply for an I-212 Waiver

Applying for an I-212 waiver requires completing Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal). Eligible persons submit the completed document with relevant supporting documentation.

The process varies based on several factors, such as nationality and whether you intend to apply for a new visa. Our non-immigrant visa lawyer can guide applicants through each step and ensure all documentation is accurate and up to date.

Penalties for Illegal Re-Entry After Deportation

Illegal re-entry after deportation can result in severe penalties. Here are some examples:

  1. Criminal charges: Individuals caught re-entering the United States illegally after deportation can face criminal charges and penalties, such as imprisonment.
  2. Permanent inadmissibility: A conviction for illegal re-entry can cause a permanent bar from obtaining future immigration benefits, including non-immigrant visas and green cards.
  3. Increased removal period: If deported once again, the individual may face an extended mandatory time before applying for re-entry or any form of relief.
  4. Civil penalties: Besides criminal charges, individuals caught re-entering illegally may face civil penalties and fines.

We can help you get a non-immigrant visa! Book a virtual consultation today.

Why You Need a Non-Immigrant Visa Lawyer

The U.S. immigration system undergoes frequent changes, which adds to the complexities. Working with an experienced non-immigrant visa lawyer helps you understand your options as you pursue your desired outcome.

Expert Guidance Through the Application Process

An experienced non-immigrant visa lawyer can simplify the complex and confusing visa application process. We help ensure that all necessary forms and supporting documents are accurately completed and submitted.

Personalized Legal Advice Tailored to Your Unique Circumstances

Each non-immigrant visa case is unique, and a knowledgeable lawyer can provide personalized legal advice tailored to your specific circumstances. A customized approach increases the likelihood of a successful application.

Assistance with Complex Cases

Immigration attorneys have deep experience managing a wide range of cases, including complications such as previous deportations, criminal histories, or petitions for waivers. This level of knowledge can be invaluable in overcoming obstacles.

Representation in Legal Proceedings

If your application is denied or you face legal issues related to your non-immigrant visa, a lawyer can represent you before immigration authorities. Martinez Immigration Center advocates on your behalf to help resolve these and other disputes.

We can help you get a non-immigrant visa! Book a virtual consultation today.

Why Choose Martinez Immigration

Your legal team can have a strong bearing on the outcome of your non-immigrant visa application. Texas is a hotspot for legal immigration matters, and the competition is stiff. However, we at Martinez Immigration are confident that our skills, knowledge, and depth of experience set us well ahead of the curve. 

Among our many points of distinction, Martinez Immigration Law Center offers our clients:

  1. Comprehensive Knowledge: Our experienced attorneys have a deep and broad understanding of the various non-immigrant visa categories and the application processes.
  2. Personal Attention: We take the time to review and understand your unique situation, ensuring we provide the best possible guidance and representation.
  3. Reputation and Historical Success: Our history of success in handling non-immigrant visa cases speaks for itself. Though we cannot guarantee results, we can promise that your case is in the most capable hands.
  4. Commitment to Client Satisfaction: We are dedicated to client satisfaction, going beyond the call of duty to provide a high level of legal counsel and advice.
  5. Commitment to Diversity: We speak English and Spanish and remain committed to serving a diverse clientele from all walks of life.

Don’t leave your non-immigrant visa application to chance. Contact Martinez Immigration today and schedule a consultation to get started. We serve all of the United States and offer virtual services from Dallas-Fort Worth.

We got you covered!

No Matter What your immigration needs or questions are…

We take great pride in providing immigration services to our clients. Our mission to reunite families drives us to succeed.

Scroll to Top