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U.S. Visitors Visas

There are many types of U.S. nonimmigrant visas (see Visa Types); the most common is the “B-2” Tourist Visa (sometimes combined into a “B1/B2”.)   This visa confers the right to apply for admission to the United States as a temporary visitor for tourist purposes (including visits to family and friends).

Some basic information about the B-2:

• It can be issued to Slovak Citizens with a maximum validity of ten years;
• Each time a traveler uses it to enter the U.S., the immigration officer will determine how long the traveler can stay in the U.S. on that trip (up to six months) and indicate it on a card inserted into the travelers passport;
• The vast majority of Slovaks who apply for a B-2 at the Embassy in Bratislava are qualified and thus receive it; and
• A visitor on a B-2 visa is not allowed to work in the U.S.

 
Qualifying for a Tourist Visa

Under U.S. immigration law, applicants for U.S. visitors visas must qualify based on their own circumstances, not on the basis of an American relative’s assurances.  In general, applicants must be prepared to demonstrate the following:

• they intend to travel to the U.S. for bonafide tourist/visitor purposes;
• they are not likely to become public charges in the U.S.;
• they have a permanent residence in Slovakia (or elsewhere other than in the U.S.)
• they have strong ties to their home sufficient to compel them to return to that home after a temporary visit to the U.S.

Visa Refusals

A small percentage of persons who apply for tourist visas in Bratislava are not able to demonstrate they qualify for a visa and are refused.  Every person whose application is denied is informed both orally and in writing of the basis for the denial.  There are a number of legal reasons why a visa may be denied (see Visa Ineligibilities). The most common basis for a visa denial in Bratislava is Section 214(b) of the U.S. Immigration and Nationality Act (INA), as described below.  The second most common is Section 212(a)(9)(B) INA, under which applicants may be ineligible for a visa because they were previously unlawfully in the U.S.

Section 214(b)

This section of law mandates that every applicant for a tourist visa is presumed to be an intending immigrant – and thus not eligible for a visitors visa – until he demonstrates otherwise.  This means the burden is on the applicant to show that he does not intend to remain in the U.S.  Most applicants are able to overcome this legal presumption by proving that they have strong ties to their home in Slovakia (such as a regular job, close family ties, social involvement, etc.) that would compel them to return home after a short visit.  For further information, see Visa Denials.