New York – NYC – C-1 Visa Lawyers
The States Department issues temporally visas for individuals stopping over in the United States in their transit to other countries. Such individuals are not expected to stay in the U.S for extended periods but only for a short duration. The kind of visa granted to them by the US Department of States is the C visa for immediate and continuous transit through the United States. The visa is not valid for more than 29 days. Three types of visas exist in the C class. These are:
· C-1 visa for aliens in transit through the United States.
· C-2 visa for the UN transit
· C-3 visa for foreign government transits.
If you are a holder of the B1 Business or the B2 Tourist visa, you do not need to apply for the C-1 visa. Individuals with any other valid non-migrant visa are still allowed to transit through the U.S without the C-1 visa. Any other person from visa waiver countries is not required to obtain the transit visa through the United States. A C-1 visa holder may not change to any other nonimmigrant visa, but they are allowed to apply for permanent residence in the United States. Those willing to pass through AOS should note that preconceived intent issues could arise.
C-1 Visa application requirements
So as to qualify for the C-1 Visa, the applicant must meet the following conditions.
1. Your intention is to pass in immediate and continuous transit through the United States.
2. You possess the common carrier ticket or any other proof of transportation arrangements to your destination.
3. You have enough funds to meet the purpose of your transit journey.
4. You are authorized to enter the destination country upon departure from the United States.
The department of state has also outlined the following scenarios that may require an individual to obtain alien transit Visa.
1. When the traveler is a passenger destined to a foreign port on a cruise ship or any other vessel destined to another country other than the U.S, and the vessel makes unintended stop in the U.S. The aliens aboard are therefore required to obtain the transit visa.
2. If the individual is a crew person, traveling to the U.S as a passenger destined to join a ship or aircraft, and then they are required to obtain the transit visa.
3. A traveler proceeding in immediate and continuous transit through the United States destined to or from the U.N Headquarters District, under the provisions of the Headquarters Agreement with the U.N, one would require to obtain a diplomatic C-2 transit visa.
Other scenarios easily confused with the C-1 transit application
Some individuals may find it confusing to know exactly the kind of visa they should apply for under their current circumstances. The following scenarios are mostly confused with those of transit visa application.
1. If the traveler seeks other privileges other than transit through the United States, such as visiting family or friends or even sightseeing, then they may be required to apply for a visa that suits their purpose such as the B-2 visa.
2. Coasting officers who seek to enter the U.S are required to obtain the B-1 visitor visa. A coasting officer is employed when an officer with a foreign ship is granted home leave while the vessel is in the U.S ports. The coasting officer will replace the officer on home leave as long as the ship is in U.S waters. The visa expires if the ship is to remain in U.S water for more than 29 days.
3. Foreign crew members aboard a private yacht with the intention of cruising the U.S waters for more than 29 days will be required to obtain a B-1 visa.
4. Employees and officers of all designated international organizations assigned by the U.S are allowed for immediate or continuous transit with a G-4 visa. They do not necessarily require the transit visa.
5. Crew members’ onboard aircraft or sea vessels that will be landing or docking in the U.S are required to obtain a D visa.
Application process for C-1 Visa
The applicant must go through consular processing either at the U.S or a U.S foreign embassy. The following forms must be submitted so as to obtain the transit visa.
1. Electronic nonimmigrant visa online application of form DS-160.
2. A U.S passport that is valid for a period not less than six months.
3. A passport size photograph, 2*2 in compliance with the state department regulations.
4. Evidence that you have sufficient funds to sustain your stay in the U.S
5.Evidence that the applicant has a residence abroad to which they will return after their stay in the United States.
The consular offices abroad are mandated with the responsibility of issuance or denial of visa application. They have the final verdict on all visa cases. However, by regulation, the department of states can review a consular decision that is limited to the application of the law. NYC immigration lawyers will help you build the facts that you need to appeal such a decision. An applicant can only appeal a case of visa denial by presenting facts to the states department.