Massachusetts Immigration Lawyer Blog

As an immigration lawyer in Boston, my office has been inundated with calls from Europeans and others who can't return home because the Icelandic volcano has disrupted air travel or caused airport closure. If you are in the U.S. under the Visa Waiver Program (VWP) and can't leave in a timely manner and are in danger of overstaying because of the volcano, here's what you can do:

• go in person to the U.S. Customs and Border Protection (CBP) office located in Terminal E at Boston Logan International Airport; or
  
• make an INFOPASS appointment to speak with an immigration officer at the U.S. Citizenship and Immigration Services (USCIS) Boston District Office.

USCIS and CBP have trained their staff on how to handle visa waiver cases like these.

How do you extend your stay if you are in the U.S. under a visa?

If you are in the U.S. persons are traveling under a visa, you should contact the USCIS Boston District office or, if you live elsewhere, the nearest USCIS office, and follow these instructions on the USCIS website. Although USCIS recommends initiating the process of extending your stay 45 days in advance, the agency is providing guidance on how to handle these cases.

If you need additional information on how to handle your visa or immigration status, call my Boston immigration law office today at 617-722-0005. Schedule a time to meet with me and I will do my best to help you.

Did you know that a visitor visa doesn't guarantee you the right to enter the U.S. as a visitor?

If you want to come to the U.S. as a visitor (and you are not subject to the visa waiver program), simply go to a U.S. Consulate abroad and apply.  Keep in mind that the Consulate will presume that you, as a visitor visa applicant, are actually planning to immigrate to the U.S.  So, the only way you will be able to persuade the Consulate to grant your visitor visa applicant, is to convince them that you are not going to immigrate to the U.S. and that you have every intention of returning to your home country when your trip ends.

If you're applying for a visitor visa, here are some things you can bring to the Consulate to support your visa application:

• Proof that you have a job in your home country;

• Evidence that you own real estate or assets in your home country;

• Documentation showing that you have a spouse, children or other close family members who live in your home country.

A Visitor Visa Doesn't Guaranty Entry into the U.S.

If the U.S. Consulate grants you a visitor visa, there is no guaranty that you will, in fact, be permitted to enter the U.S.  You must still convince immigration authorities--usually from Customs and Border Patrol-- that the purpose of your trip to the U.S. is purely as a visitor.  Immigration authorities at the airport are not bound by the decision of the Consulate.  So, when you are asked at the airport "what is the purpose of your trip?" answer carefully.

If you would like to discuss this immigration issue further, or if you need help, advice or representation in other areas of immigration law, please call my Boston office today at 617-722-0005 to set up a consultation.