Nonimmigrant Temporary Visa Attorneys

Garfinkel Immigration Law Firm is here to make the immigration process as smooth as possible for you. With decades of experience, our team of board-certified specialists, attorneys and staff can assist you with:

Our law also counsels clients on deferred action for childhood arrivals (DACA) and other recent developments in immigration reform. In addition, we can offer valuable tips on what to do after you arrive in the U.S.

Obtaining A Nonimmigrant Or "Temporary" Visa

There are three ways to obtain valid nonimmigrant visa status:

1. Change of status petition/application
While someone is physically present in the U.S. in a valid nonimmigrant status (such as B-1/B-2), a petition may be filed with the USCIS requesting another status (i.e., H-1B). Once the petition is approved, the effective date of the approval notice is the date the individual's visa status changes to the new status.

2. Extension of stay petition/application
While someone is physically present in the U.S. in valid nonimmigrant status, a petition/application may be filed with the USCIS requesting an extension of stay. For nonimmigrant employment-based visa status, work authorization is automatically extended up to 240 days beyond the status expiration date, pending a decision on the petition/application. If the petition is denied, the individual's status ends on the date the denial notice is issued.

3. Petition filed with a request for consular notification
While an individual is physically outside of the U.S., a petition may be filed on his/her behalf with the USCIS. After the petition is approved, he or she may apply for and obtain a U.S. visa stamp at a U.S. consulate/embassy abroad. An individual's immigration status does not become "effective" until the date he or she enters the U.S. with the U.S. visa.

Note that in some cases, a petition requesting Consular Notification may be filed on an individual's behalf while he or she is physically present in the U.S. If this is the case, the visa applicant will depart the U.S. and apply for a visa stamp at a U.S. consulate/embassy abroad once he or she possesses petition approval. His or her immigration status does not become "effective" until the date he or she enters the U.S. with the visa.

Contact Us

To arrange a consultation, call our nonimmigrant temporary visa lawyers in Charlotte at 704-626-6396, or contact Garfinkel Immigration Law Firm by email.