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Below you'll find out most frequently asked questions about US visas,
categorized by visa type, with our lawyers' answers.

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Is it wise to apply for a B-1 or B-2 business visa if you hold a C-Corporation or LLC?

Holding a C-Corp or any type of business entity technically holds no implications over your legal B-1 or B-2 eligibility, but can raise questions from immigration officials in some circumstances.

You could own multiple companies in the US and that generally shouldn’t affect how you apply for this visa if you’re eligible.

Does the B-1/B-2 visa allow me to stay 6 months per year in the U.S.?

Not exactly. You are usually admitted for up to 6 months per entry, not per year.

Technically, you could enter, stay 6 months, leave, and reenter for another 6 months within the same year. However, doing so raises red flags.

CBP officers may question whether you are truly visiting for tourism or business, or whether you are working illegally.

Frequent or lengthy visits increase the risk of being denied entry and potentially having issues in obtaining a new visa.

Rule of thumb: Keep visits shorter (ideally under a month or two) and less frequent, to avoid any issues.

Is there a filing fee for Form G-28?

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

What is the difference between Form G-28 and Form G-28I?

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Do I need a new Form G-28 for every case I file?

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Can I represent myself instead of using Form G-28?

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

Can a worker file Form I-129 on their own behalf?

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

How long does it take USCIS to process Form I-129?

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

What is evidence of approved I-129 status?

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

Can you get a U.S. visa with a prior overstay on your record?

It depends on how long you overstayed. A short overstay under 180 days doesn't trigger an automatic reentry bar, though it may still affect the consular officer's discretionary decision.

An overstay of 180 days to one year activates a 3-year bar after departure, while one year or more of unlawful presence triggers a 10-year bar. Waivers are available for some situations through the I-601 application.

What visa interview risk factors lead to permanent inadmissibility?

Material misrepresentation under INA 212(a)(6)(C) is one of the most common grounds for permanent inadmissibility. Certain criminal convictions, particularly controlled substance offenses and aggravated felonies, can also result in permanent bars.

The permanent bar for unlawful presence applies to individuals who accrued over one year of unlawful presence, departed, and then reentered or attempted to reenter illegally.

Does a criminal record automatically disqualify you from getting a visa?

No. The impact of a criminal record on your visa application depends on the type of offense, severity, and number of convictions. A single minor offense may fall under the petty offense exception, while controlled substance violations are treated much more strictly.

The consular officer will ask about arrests and convictions, so full disclosure is always the better strategy.

Should you disclose a previous visa denial when applying again?

Yes. The consular officer already has access to your full application history, so attempting to hide a prior denial is both ineffective and risky. If discovered, it could be treated as misrepresentation, which carries permanent consequences.

Instead, focus on demonstrating changed circumstances since the previous denial, such as stronger ties to your home country, improved financial situation, or a different purpose of travel.

Does FIFA PASS 2026 guarantee a U.S. visa for the World Cup?

No. FIFA PASS only gives you priority access to schedule a visa interview appointment. The consular officer still evaluates your B-1/B-2 visa application under the same criteria as any other applicant.

You can receive a priority appointment through FIFA PASS and still be denied if your application doesn't meet the requirements.

Do I need FIFA PASS if my country is in the Visa Waiver Program?

No. Citizens of the 42 Visa Waiver Program countries can use ESTA to enter the United States for up to 90 days without a visa interview. ESTA approval typically takes minutes to 72 hours and costs $21.

FIFA PASS is only relevant for travelers who need a B-1/B-2 visa.

Can I use FIFA PASS for matches in Canada or Mexico?

FIFA PASS only applies to U.S. visa interview scheduling. If you're attending matches in Canada, you'll need either an eTA or a visitor visa depending on your nationality. For Mexico, you may need a tourist card (FMM) or a visa.

Each host country has separate entry requirements that FIFA PASS doesn't cover.

Is FIFA PASS the same as the Fan ID from the 2018 World Cup in Russia?

No. The 2018 Fan ID was a visa-free entry document that let ticket holders enter Russia without a separate visa. FIFA PASS 2026 doesn't grant entry to any country.

It's a scheduling tool that gives eligible ticket holders faster access to U.S. visa interview appointments. You still need a valid visa or ESTA to enter the United States.

Can I stay 6 months in the USA on a tourist visa every time I visit?

Your I-94 determines your allowed stay, not a blanket rule. While six months is the maximum for B1/B2 visitors, CBP officers can and do grant shorter periods based on your travel purpose and history.

Repeatedly staying close to the maximum raises red flags and can lead to shorter admissions or entry denials on future trips.

How do I check how long I can stay in the U.S. on my tourist visa?

Visit i94.cbp.dhs.gov and look up your most recent I-94 record. The "admit until" date is your departure deadline.

Always verify your I-94 after every entry because passport stamps can be inaccurate and the electronic record is what CBP and USCIS treat as official.

What is the cost of extending a B2 tourist visa?

Filing Form I-539 to extend your tourist visa costs $370 in filing fees plus $85 for biometrics, totaling $455. You must file before your current I-94 expires.

Processing can take several months, but a timely filing protects your legal status while USCIS reviews your request.

Does overstaying a tourist visa affect future visa applications?

Yes. Overstaying voids your current visa immediately and creates a record that follows you in all future U.S. visa applications and entry attempts.

Overstays of 180 days or more trigger a 3-year or 10-year bar on re-entry, depending on the duration of unlawful presence.

What is the difference between a B1 and B2 visa?

The B1 visa is for temporary business visitors coming to the U.S. for activities like meetings, conferences, contract negotiations, and training. The B2 visa is for tourism, visiting family, medical treatment, and social events.

Most consulates issue a combined B1/B2 visa stamp, but the activities you're allowed to do depend on the purpose you declare when you enter the country.

Can I work on a B1 visa in the United States?

No. The B1 business visa does not authorize employment. You can attend meetings, negotiate contracts, and participate in conferences, but you can't receive a salary from a U.S. employer or perform productive work.

The only exception is the narrow "B1 in lieu of H-1B" provision, which requires that your salary come from a foreign employer and applies only in specific situations.

What happens if I use my B1/B2 visa for the wrong purpose?

Using your visa for activities outside its permitted scope can lead to denied entry at the port of entry, visa revocation, and bars on future U.S. visa applications.

If CBP determines you misrepresented your purpose of entry, the consequences can affect your ability to return to the U.S. for years. Always declare your actual purpose honestly when entering the country.

Can I attend a conference on a tourist visa?

Attending a professional conference is a B1 (business) activity, not a B2 (tourist) activity. If you enter the U.S. as a tourist on B2 status and your primary purpose is attending a business conference, that's a mismatch.

If conference attendance is the main reason for your trip, make sure to declare business as your purpose at the port of entry so your I-94 reflects B1 status.

Can I buy property in the U.S. on a B1/B2 visa?

Yes. There's no immigration restriction on purchasing real estate while on a B1/B2 visa. You can house hunt, make offers, and close on a property.

Owning property doesn't grant you immigration status or the right to live in the U.S. beyond your authorized stay, but the purchase itself is a permitted activity.

Can I study on a tourist visa in the United States?

You can take short, recreational, non-credit courses on a B2, like a cooking class, language workshop, or fitness certification. Full-time study at an accredited institution for academic credit requires an F-1 student visa.

Enrolling in a degree program or credit-bearing course on a B2 is a visa status violation.

What's the difference between a B1 and a B2 visa?

The B1 is for business visitors (meetings, conferences, contract negotiations, training), while the B2 is for tourism, medical treatment, and personal activities.

Most travelers receive a combined B1/B2 visa that covers both categories. The permitted activities differ depending on whether your trip purpose falls under the B1 or B2 classification.

Can I freelance or do gig work on a B1/B2 visa?

No. Freelancing, gig work, and any form of employment where you receive compensation from a U.S. source are strictly prohibited on a B1/B2 visa.

This includes remote freelance work performed while physically in the United States, even if the client is technically a foreign company paying through a U.S. entity.

Which is faster, consular processing or adjustment of status?

There's no universal answer. AOS processing times vary by USCIS office and employment-based category, often ranging from 8 to 14 months or more. Consular processing timelines depend on NVC processing (which can take several months) plus consulate scheduling, which varies by country.

In some cases CP is faster; in others AOS is. Check USCIS processing times and NVC wait times for your specific category and location.

Can I switch from consular processing to adjustment of status or vice versa?

Yes, in many cases you can switch. If you chose consular processing but later enter the U.S. in valid status, you may be able to file Form I-485 to switch to AOS. Going from AOS to CP is also possible by withdrawing your I-485 and requesting consular processing through the NVC.

However, switching adds time and complexity to your case, so it's better to choose the right path from the start when possible.

Can I work in the U.S. while waiting for my green card through consular processing?

Consular processing does not provide any interim U.S. work authorization. If you need to work in the U.S. while waiting, you'll need to maintain a separate work visa (like an H-1B or L-1).

This is one of the main reasons many applicants already in the U.S. prefer adjustment of status, which allows them to apply for an EAD while the green card is pending.

What happens to my pending I-485 if I travel outside the U.S.?

If you leave the United States while your I-485 is pending without a valid Advance Parole document (Form I-131), USCIS may consider your application abandoned. That means your green card case could be denied simply because you traveled.

Always obtain Advance Parole before any international travel during the AOS process. Note that certain visa holders (H-1B and L-1) may be able to travel on their valid visa stamp without Advance Parole, but this is a nuanced area where legal advice is strongly recommended.

Can CBP deny entry if I haven't overstayed my tourist visa?

Yes. Even if you left the U.S. on time during every previous visit, CBP can deny entry if your overall travel pattern suggests you're living in the country rather than visiting.

The officer has broad discretion to evaluate your nonimmigrant intent at each arrival, regardless of how many days remain on your visa validity.

How often can I visit the U.S. on a B1/B2 tourist visa per year?

There's no set limit on the number of trips. What matters is the total time spent in the U.S. relative to time outside and whether each visit has a legitimate purpose.

Frequent short trips are generally less concerning to CBP than fewer, longer stays that approach the six-month maximum per admission.

What's the difference between the 180-day rule and the Substantial Presence Test?

The "180 day rule" is an informal immigration guideline suggesting B1/B2 visitors shouldn't spend more than roughly 180 days per year in the U.S. to avoid CBP scrutiny. The Substantial Presence Test is a separate IRS tax formula that determines whether you've spent enough time in the U.S. to be taxed as a resident.

They serve different purposes: one affects your ability to enter the country, the other affects your tax obligations.

Does my B1/B2 visa expiration date determine how long I can stay?

No. The visa expiration date only controls how long you can use the visa to request entry at a port of entry. Your authorized stay is determined by the CBP officer at arrival and recorded on your I-94.

A visa valid until 2030 doesn't mean you can stay in the U.S. until 2030. It means you can present yourself at the border and request admission until that date.

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Common questions about U.S. employment-based visas