Visa Essay

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A visa is a document issued by a country giving an individual permission to formally request entrance to the country during a given period of time and for certain purposes. It is usually stamped or glued inside a passport, or is sometimes issued as a separate piece of paper. In recent years, some countries (i.e., the United States, Canada, and some European nations) have issued plastic cards that contain biometric information on a magnetic strip on the back of the card.

The U.S. work visa is a document issued by the U.S. Citizenship and Immigration Service (formerly known as the Immigration and Naturalization Service [INS]) to foreign individuals who wish to enter the country to work and reside for a period of time. The most popular work visas in the United States are the H-1B, H-2B, L-1, L-2, E-1, E-2, TN, EB-2, EB-3, J-1, O-1, O-2, P, EB-5, R-1, and green cards.

A U.S. I-94 Arrival-Departure Form is a form denoting the arrival-departure record of particular foreigners and is used by the U.S. Citizenship and Immigration Services. Form I-94 must be filled out at the time of entry to the United States by the foreign citizens who are being admitted to the United States.

Citizens of the countries on the U.S. Visa Waiver Program list who are entering the United States for a short stay and who are not U.S. citizens or permanent U.S. residents must fill out form I-94W instead.

Types

The types of visas issued by various countries worldwide include the following:

  • Transit visa, usually valid for five days or less, for passing through the country to a third destination.
  • Tourist visa, for a limited period of leisure travel, no business activities allowed.
  • Business visa, for engaging in commerce in the country. These visas generally preclude permanent employment for which a work visa would be required.
  • Temporary worker visa, for approved employment in the host country.
  • On-arrival visa, granted immediately prior to entering the country, such as at an airport or border control post.
  • Spousal visa, granted to the spouse of a resident or citizen of a given country to enable the couple to settle in that country.
  • Student visa, which allows its holder to study at an institution of higher learning in the issuing country.
  • Working holiday visa, for individuals traveling between nations offering a working holiday program, allowing young people to undertake temporary work while traveling.
  • Diplomatic visa (sometimes official visa) is normally only available to bearers of diplomatic passports.
  • Courtesy visa issued to representatives of foreign governments or international organizations who do not qualify for diplomatic status but do merit expedited, courteous treatment.
  • Journalist visa, which some countries require of people in that occupation when traveling for their respective news organizations.
  • Marriage visa, granted for a limited period prior to intended marriage, based on a proven relationship with a citizen of the destination country.
  • Immigrant visa, granted for those intending to immigrate to the issuing country.
  • Pensioner visa (also known as retiree visa or retirement visa), issued by a limited number of countries (Australia, Argentina, etc.), to those who can demonstrate a foreign source of income and who do not intend to work in the issuing country.

Visa Refusal

The border-crossing authorities make the final determination to allow entry and may even cancel a visa at the border if the alien cannot demonstrate to their satisfaction that they will abide by the status their visa granted to them.

A visa may be denied for a number of reasons, including (but not limited to) if the applicant

  • has committed fraud or misrepresentation in his/her application
  • cannot prove to have strong ties to their current country of residence
  • intends to permanently reside or work in the country he/she will visit
  • does not have a legitimate reason for the journey
  • has no visible means of sustenance
  • does not have lodging in the destination country
  • has not arranged his/her transportation
  • does not have health/travel insurance valid for the destination and the duration of stay
  • has a criminal record or has criminal charges pending
  • does not have a good moral character
  • is applying on short notice
  • is considered to be a security risk
  • had their previous visa application(s) rejected
  • is a citizen of a country with whom the host country has poor or nonexistent relations
  • has a communicable disease such as tuberculosis
  • has previous immigration violations
  • has a passport that expires too soon

Conditions Of Issue

Some visas can be granted on arrival or by prior application at the country’s embassy or consulate, or sometimes through a specialized travel agency with permission from the issuing country in the country of departure. If there is no embassy or consulate in one’s home country, then one would have to travel to a third country (or apply by mail) and try to get a visa issued there.

Some countries have reciprocal visa regimes: If Country A requires citizens of Country B to have a visa to travel there, then Country B may apply reciprocity and require a visa from citizens of Country A. Likewise, if A allows B’s citizens to enter without a visa, B may allow A’s citizens to enter without a visa. One example is the Schengen countries.

Once in the country, the validity period of a visa or authorized stay can often be extended for a fee at the discretion of immigration authorities. Overstaying a period of authorized stay given by an immigration officer is considered illegal immigration even if the visa validity period is not over, and is a form of being “out of status.” The offender may be fined, prosecuted, deported, or even blacklisted from entering the country again.

Entering a country without a valid visa or visa exemption may result in detention and removal (deportation or exclusion) from the country. Undertaking activities that are not authorized by the status of entry (e.g., working while possessing a nonworker tourist status) can result in the individual being deemed removable.

Bibliography:

  1. Jerrod F. Thormond, Visa Issues: Policies and Waiver Programs (Nova Science Publishers, 2008);
  2. S. Citizenship and Immigration Services, www.uscis.gov (cited March 2009);
  3. S. Department of State, “Temporary Workers,” www.travel.state.gov (cited March 2009);
  4. com, www.workpermit.com (cited March 2009).

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