Inevitably when I meet a client from Western Europe, who comes to my office to extend or change his visa, my first question is: Do you have a visa? And predictably, his answer is always: No, we don't need visas from the U.S. government to come here.
What they usually don't realize is that they are a lot better off with visas than without.
Citizens of virtually all of Western Europe and
many other parts of the world qualify for "visa waiver status".
This means that they can come to the U.S. without going to
get a visa from the consulate. But there are strings attached
to this benefit. Namely that without a visa, a person cannot
extend or change their visa status here. They simply must
go home within 90 days or else become illegal and subject
to deportation.
There are many reasons why someone would want
to extend their stay beyond 90 days. Business opportunities
may arise while here which would justify a longer stay. People
sometimes become ill or need medical treatment. Vacation plans
can get extended or altered. Or maybe you just might fall
in love. But don't fall in love with a visa waiver in your
passport or you'll have to go back home in order to continue
the romance.
The moral is: If you have any thought that you may wish to stay more than 90 days in the U.S., go to the trouble of applying for a visa at the consulate, explain your reasons for needing the visa, and then breathe easier knowing that you can stay longer here (usually six months) and you can extend or change the visa without problem, if necessary.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
