Citizens of some foreign countries that wish to enter the United States must first obtain a visa. The most common non-immigrant visa is the visitor visa under the following categories: B-1 which is temporarily for business and B-2 which is for tourism. Some even get a combination visa for both purposes: B1/B2.
Let's breakdown the type of questions that are asked surrounding the B1/B2 visa and as an attorney I can only provide general responses since each case is unique in nature.
Question 1: Can someone visit USA with one way ticket with non immigrant visas? My family member forgot to purchase a return ticket.
Response to Question 1: In general, you do need to have a return ticket when entering the US on a tourist visa. Your uncle doesn't need to have a return ticket back to his home country as long as he can show that he intends to leave the US before expiration of his stay.
[Friendly tip: be sure to check whether the country you are intending to visit after you leave the US requires you to obtain a visa]
Question 2: Is I-539 extension of stay application abandoned or withdrawn after leaving the USA? The receipt notice was received and the biometrics was complete but the applicant left without receiving a decision.
Response to Question 2: When the B2 extension is pending and the applicant departs the US, the application is considered abandoned. It would be best to keep a copy of your application, receipt and biometrics notices to show to the CBP officer on your return travel in the future.
[Friendly tip: you don't want the officer to think your intention was to overstay!]
Question 3: I got COVID and I can't go back to my home country right now but my stay expires in 7 days, what do I do?
Response to Question 3: The best thing to do is to apply for an extension on your B1/B2 visa by submitting supporting documents that you are currently unable to travel but intend to depart the US when capable. Failing to file the extension before the expiration of your stay may result in you overstaying on your tourist visa.
[Friendly tip: work with an attorney to file the extension timely with evidentiary support]
Question 4: I forgot that my tourist visa is already expired and I cannot leave the US right now, can I still file an extension?
Response to Question 4: There have been times when USCIS forgives an applicant's failure to file a timely request to extend their status. There may be a form of discretionary relief available to you, which is called Nunc Pro Tunc and it may be filed based on facts and extenuating circumstances presented.
[Friendly tip: work with an attorney if you meet the requirements to file under Nunc Pro Tunc]
(This blog is written by Attorney Poonam Minhas. It has general questions and responses related to the B1/B2 non-immigrant visa for the United States. It is for informational purposes only and should not be construed as legal advice. Should you have any questions about your immigration matter, kindly consult with an experienced immigration attorney.)
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