Key Takeaways:
- B2 to C2 visa transfer involves changing visa status while legally present in the U.S.
- Steps include filing Form I-539, paying a fee, and providing supporting documentation.
- Advantages include legal permissions, compliance with immigration policies, and potential faster entry/exit, but there are disadvantages like processing time and costs.
Navigating the Visa Landscape: B2 to C2 Visa Transfer
The United States offers a variety of visas, each with specific purposes and benefits. One common situation that arises for travelers in the U.S. on a B2 visa — a visa for tourism, vacation, or visiting family — is whether they can transfer to a C2 visa. The C2 Visa is a category designed for foreign nationals transiting to the United Nations.
Understanding the B2 to C2 Visa Transfer
A B2 to C2 visa transfer is a process that involves changing your visa status while you are legally present in the U.S. under a B2 Visa. It’s essential to ensure your current visa status hasn’t expired, and you must apply for the change before the B2 visa expires.
Steps for Changing From B2 to C2 Visa:
- File Form I-539: To initiate the transfer process, you must file Form I-539, Application To Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS). The form is available on the USCIS official website.
Pay the Required Fee: There is a fee associated with Form I-539, which you must pay as a part of the application process.
- Provide Supporting Documentation: You must submit documentation supporting your case for transferring from a B2 to a C2 visa. This would include evidence of your need to transit to the United Nations for official duties or to attend conferences.
It is advisable to ensure all paperwork is accurate and submitted on time to avoid any delays or denial of your application.
Advantages of a Visa Status Change
There are several advantages when transferring from a B2 to C2 visa, such as:
- Legal Permissions: A C2 visa specifically allows individuals to transit to the United Nations, which is not covered by the B2 visa.
- Compliance with U.S. Immigration Policies: By changing your status to that which suits your purpose of stay, you are more likely to stay compliant with U.S. immigration policies.
- Potentially Faster Entry and Exit: As a C2 visa holder, your entry to the U.N. headquarters is expected to be swift, and you may benefit from expedited procedures at ports of entry.
Disadvantages to Consider
The transfer process is not without its drawbacks. Here are a few disadvantages to keep in mind:
- Processing Time: The change of status application can be time-consuming, and there is no guarantee regarding the time it will take.
- No Automatic Right to Change: Just because you’re on a B2 visa doesn’t mean you’re entitled to transfer to a C2 visa. Approval is at the discretion of USCIS.
- Costs: There are costs associated with the status change application, which are non-refundable, regardless of the outcome.
Important Considerations
Before you initiate the B2 to C2 visa transfer, it’s crucial to note the following considerations:
- Timely Application: You must apply well before your current B2 visa expires. Failing to do so can result in out-of-status implications, which can affect future visa applications.
- Temporary Nature of C2 Visas: The C2 visa is specifically for transit purposes and is temporary; thus, it does not provide a pathway to permanent residency.
In conclusion, the transfer from a B2 to C2 visa offers specific advantages, such as aligning your visa with your purpose for being in the U.S. and being compliant with immigration laws. However, it also comes with considerations and potential disadvantages, such as the time and cost involved in the transfer process. It is highly recommended to start the application process as early as possible and consult with an immigration attorney if you encounter any issues or need guidance. Always use authoritative sources such as the USCIS website for the latest information and updates on the visa transfer process.
Still Got Questions? Read Below to Know More:
If my B2 visa is close to expiring and my C2 visa application is still pending, what should I do
If your B2 visa is close to expiring and your C2 visa application is still pending, it’s important to stay aware of your legal status and take appropriate steps. Here’s what you should do:
- Check Your I-94: First, confirm your authorized stay on your I-94 record rather than your visa expiration. The I-94 indicates how long you can legally remain in the U.S. Visit the official Customs and Border Protection (CBP) I-94 website (https://i94.cbp.dhs.gov/) to check your departure date.
Legal Stay During Pending Application: As long as you’ve applied for a change of status before your current status expires, you are typically allowed to stay in the United States while your application is being processed. This is known as “period of stay authorized by the Attorney General.” The United States Citizenship and Immigration Services (USCIS) states,
“You do not accrue unlawful presence for a period of stay authorized by the Attorney General.”
Check the USCIS Policy Manual for more information (https://www.uscis.gov/policy-manual).
Get Professional Assistance: If there are complexities in your case or if you are unsure about your status, consider consulting with an immigration attorney. They will provide you with guidance tailored to your situation.
Remember, maintaining lawful status and acting before your current visa expiration is crucial. Not doing so can lead to problems with future immigration applications. Always refer to the official USCIS website (https://www.uscis.gov/) for the most accurate and updated information regarding your case.
What happens to my C2 visa status if my job at the U.N. ends earlier than expected
If your job at the United Nations ends earlier than expected and you are in the United States on a C2 visa, which is specifically for transit to and from the U.N. headquarters, your visa status would be affected since it’s tied to your official duties at the U.N. Your C2 visa is meant to facilitate your travel exclusively for U.N. related activities, and here’s what generally happens when your employment with the U.N. terminates:
- End of Legal Status: Your lawful immigration status is contingent upon your employment with the U.N. When that employment ends, you are generally expected to leave the United States promptly or change your visa status to reflect your new situation. You are not permitted to remain in the United States for purposes unrelated to your U.N. duties under the C2 visa.
Grace Period: The United States does not formally offer a grace period to C2 visa holders after the early termination of their employment. However, in practice, you may have a very short window of time to depart the country or adjust your status, typically assumed to be a reasonable period to wrap up your affairs. It’s best to consult directly with U.S. Citizenship and Immigration Services (USCIS) or an immigration attorney for personalized advice in this realm.
Change of Status: If you intend to stay in the U.S. for other reasons, you might consider applying for a change of status to a different nonimmigrant visa. This process involves filing Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before your C2 visa expires or your job ends.
Remember to consult the official USCIS website or get in touch with an immigration attorney for advice tailored to your specific circumstances. It’s also a good idea to notify the U.N.’s Human Resources department about your change in employment status, as they may have protocols to assist you.
For more information on visa status and changing your status, please visit the USCIS website at:
- Change of Nonimmigrant Status: USCIS Change of Status
- U.S. Department of State – U.N. Visas: U.S. Visas for Employees of the United Nations
Can I visit family in New York under a C2 visa before I head to the U.N
A C-2 visa is specifically for foreign nationals traveling to the United Nations for official business. It is a very restrictive visa that typically only allows transit to and from the United Nations headquarters district in New York. Under normal circumstances, you would not be permitted to use a C-2 visa to visit family in New York or any other personal activities outside the headquarters district.
However, if you wish to visit your family in New York while you are in the U.S., you would likely need to obtain a different type of visa that allows for such personal activities. Most commonly, individuals looking to visit family in the United States apply for a B-2 tourist visa. The B-2 visa is intended for visitors traveling for tourism, social visits to friends and relatives, medical treatment, and certain other non-business activities.
If you’re already in the United States on a C-2 visa, you may need to change your status to B-2 before visiting your family. This requires filing an application with U.S. Citizenship and Immigration Services (USCIS) and waiting for approval. Be aware that changing status could be a complex process and comes with specific eligibility requirements. More information on changing status can be found on the official USCIS website at Change My Nonimmigrant Status. Always ensure you adhere to U.S. immigration laws and the terms of your visa to avoid any complications with your current or future travels.
Are there special requirements for my kids if I’m transferring from a B2 to a C2 visa, and they’re coming with me
When transitioning from a B2 visitor visa to a C2 visa for transit through the United States, it’s important to understand that the C2 visa has its specific requirements, but it does not have special requirements just for children accompanying you. The application process for your kids would mostly mirror the process for an adult. Here are the general steps you should follow for each child accompanying you:
- Complete the Form DS-160: For each child, you must submit a separate Online Nonimmigrant Visa Application, Form DS-160. It’s essential to fill out the forms accurately for each child and submit them individually.
Schedule an Interview: Visa applicants under 14 years of age are typically not required to attend a visa interview; however, this can vary by country. You need to check with the U.S. embassy or consulate where you apply to confirm whether an interview is necessary for your children.
Prepare Required Documentation: Gather all necessary documents for each child, including a valid passport, a photograph that meets the requirements, the Form DS-160 confirmation page for each child, and any additional supporting documents that may be required by the specific U.S. embassy or consulate.
The official U.S. Department of State – Bureau of Consular Affairs website will provide you with details on the C2 visa and the application process. It’s important to refer to their resources for the most accurate and updated information:
– U.S. Visas Website
– Photo Requirements
Keep in mind that while the requirements for the C2 visa for adults and children are similar, the approval of a visa is never guaranteed. It’s vital to ensure you’ve met all the requirements when applying. If additional documentation about the kids’ purpose of transit is needed, be prepared to provide it. Always check the current regulations and speak directly with an immigration officer or legal counsel for personalized advice.
If my conference at the United Nations gets canceled, can I switch my visa back to B2
If your conference at the United Nations gets canceled and you are currently in the United States on a visa specifically for that purpose, you may need to change your status to a B2 tourist visa if you plan to stay in the country for tourism or personal matters. Here is what you need to know:
- Filing for Change of Status:
- You must submit Form I-539, Application to Extend/Change Nonimmigrant Status, to USCIS.
- You need to apply before your current visa expires, and you should provide evidence that your current status has changed, such as notification of the conference cancellation.
- You also need to prove that you have the financial means to support yourself during your stay and that you have a residence abroad that you do not intend to abandon.
- Supporting Documents:
- A copy of your passport and current U.S. visa.
- Proof of your financial support (bank statements, for example).
- A letter explaining the reasons for the change of status request.
- Maintain Legal Status:
- While your application for a change of status is pending, you need to ensure that you do not overstay your current visa.
- If your current visa expires while your I-539 is pending and you did not file the I-539 on time, you may start to accrue unlawful presence which can affect your eligibility for a visa in the future.
For detailed instructions and the application process for Form I-539, please visit the official U.S. Citizenship and Immigration Services (USCIS) page at: I-539, Application To Extend/Change Nonimmigrant Status
Remember, approval is not automatic, and it is discretionary. USCIS will evaluate your application on a case-by-case basis. If your plans change while in the U.S., it’s important to maintain lawful status and follow the appropriate procedures to update your visa status.
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Glossary or Definitions
- Visa: A visa is an official document issued by the government of a country that grants permission to an individual to enter and stay in that country for a specific purpose and duration.
B2 Visa: A B2 visa is a nonimmigrant visa that allows individuals to travel to the United States for tourism, vacation, or visiting family.
C2 Visa: A C2 visa is a nonimmigrant visa category specifically designed for foreign nationals transiting to the United Nations.
Visa Transfer: Visa transfer refers to the process of changing one’s current visa status to a different visa category while legally present in a country. In this case, it involves transferring from a B2 visa to a C2 visa.
Form I-539: Form I-539, Application To Extend/Change Nonimmigrant Status, is a form that must be filed with the U.S. Citizenship and Immigration Services (USCIS) to request a change of nonimmigrant status.
USCIS: The U.S. Citizenship and Immigration Services (USCIS) is a government agency responsible for overseeing lawful immigration to the United States.
Supporting Documentation: Supporting documentation refers to the evidence and documents that must be submitted along with an application to support the case for changing visa status. In the context of a B2 to C2 visa transfer, this may include evidence of the need to transit to the United Nations or attend conferences.
Compliance with U.S. Immigration Policies: Compliance with U.S. immigration policies means adhering to the laws and regulations set by the U.S. government regarding immigration and visa status. Changing visa status to align with the purpose of stay helps ensure compliance.
Ports of Entry: Ports of entry are designated locations, such as airports, seaports, or land border crossings, where individuals enter or exit a country. Expedited procedures at ports of entry may reduce waiting times and simplify the entry or exit process.
Processing Time: Processing time refers to the time it takes for the immigration authorities to review and make a decision on an application. In the context of a B2 to C2 visa transfer, it can vary and is not guaranteed to be quick.
Out-of-Status: Being out-of-status means being in violation of the terms or conditions of a visa or having overstayed the authorized period of stay.
Immigration Attorney: An immigration attorney is a legal professional who specializes in immigration law and provides advice and representation to individuals navigating the immigration process.
Permanent Residency: Permanent residency, also known as a green card, grants an individual the right to live and work permanently in a country. The C2 visa is not a pathway to permanent residency and is temporary in nature.
Authoritative Sources: Authoritative sources are official and reliable sources, such as the USCIS website, that provide accurate and up-to-date information on immigration laws, policies, and procedures.
So, there you have it – the ins and outs of navigating the B2 to C2 visa transfer. It can be a bit of a process, but with careful planning and attention to detail, you can successfully change your visa status. Remember to submit your application on time, consider the advantages and disadvantages, and consult with an immigration attorney if needed. And hey, if you want to explore more about visas and immigration, head on over to visaverge.com. Happy travels!
