Going to the United States on a Visa: A Practical Legal Guide for First‑Time Travelers
Guidance for first‑time or infrequent travelers going to the U.S.: how visas differ from admission and status, choosing ESTA or B‑visa, interview preparation, I‑94 rules, extension or change of status, overstays, and practical checklists.
1) Big picture: visa, admission and status (they’re not the same)
Visa ≠ Entry. A visa lets you travel to a U.S. port of entry to request admission. The CBP officer decides your period of stay, which appears on your I‑94. Your I‑94—not the visa—controls how long you may remain in the U.S.
Action: After arrival, retrieve your I‑94 and travel history within 24–48 hours, and calendar the admit‑until date.
- Your visa can expire while you’re lawfully in the U.S. if your I‑94 remains valid.
- Overstaying the I‑94 can trigger 3‑ or 10‑year re‑entry bars (see §8).
2) Do you need a visa or ESTA?
Travelers from Visa Waiver Program countries may use ESTA for short trips up to 90 days. Others require a visa. Nigeria is not in the VWP.
3) Common visa categories for short visits
B‑1 (Business)
- Meetings, conferences, short‑term training (without U.S. pay)
- Contract negotiations and after‑sales service where permitted
B‑2 (Tourism/Visit/Medical)
- Tourism and social visits
- Medical treatment
- Short, non‑credit recreational courses
Not allowed: U.S. employment, paid performances, or for‑credit study (use F/M visas instead).
4) How to apply (first‑timers)
- Complete DS‑160 and keep the barcode page.
- Pay the MRV fee and schedule your interview at the U.S. Embassy/Consulate.
- Prepare documents showing your purpose of travel, ties to home country, and ability to fund the trip.
- Attend interview; be clear and consistent. You may receive a temporary 221(g) refusal if more checks or documents are needed. A 214(b) refusal means you didn’t demonstrate eligibility; you can reapply with stronger evidence.
5) Before you fly: packing and paperwork
- Passport, visa, DS‑160 confirmation, return/onward ticket
- Hotel/address, invitation/meeting letters
- Proof of funds and travel insurance
- Follow TSA’s carry‑on liquids rule (3‑1‑1) and prohibited items list
6) Arrival at the U.S. border (what to expect)
Primary inspection: CBP confirms identity, purpose, and eligibility. Secondary inspection may occur for additional questions or document checks; it’s routine for some travelers.
Devices: CBP can inspect electronic devices in limited scenarios. Keep accounts secured and consider minimal data travel practices.
After admission: Verify your I‑94 details online and correct errors promptly with CBP.
7) During your stay: dos and don’ts
- Allowed: tourism, family visits, business meetings, short non‑credit classes.
- Not allowed: employment in the U.S., for‑credit study, long‑term training.
Extending or changing status
If plans change, you may request an extension or change of status before your I‑94 expires (USCIS Form I‑539). Timely filing may allow you to remain while a decision is pending.
Short trips to Canada/Mexico
Some travelers may re‑enter with an expired visa after ≤30 days under Automatic Visa Revalidation, subject to strict conditions. This does not extend your I‑94.
8) Overstays & unlawful presence: serious consequences
Overstaying your I‑94 can trigger a 3‑year bar (>180 days) or a 10‑year bar (≥1 year) on re‑entry, subject to limited waivers. Avoid overstay risk by calendaring your admit‑until date and seeking advice early.
Worked example (applied analysis)
Scenario: A B‑2 visitor admitted for 6 months needs 3 more months to assist an ailing relative.
Rule: Extensions are possible only if a complete Form I‑539 is filed before I‑94 expiry and eligibility is met (maintained status, sufficient funds, bona fide purpose).
Application: File early with medical evidence and proof of support. Do not work or study for credit while the application is pending.
Conclusion: File I‑539 in time or depart on schedule. Never overstay.
9) Practical checklists
Interview day
- Passport + DS‑160 confirmation + MRV receipt
- Evidence of ties (employment letter, business registration, property, family)
- Purpose documents (invitation, itinerary, conference registration)
- Proof of funds (recent bank statements)
Airport & arrival
- Keep passport + visa + return ticket easily accessible
- Explain your purpose briefly and consistently
- Download I‑94 and calendar the admit‑until date within 48 hours
During the trip
- Stick to permitted activities for your visa class
- Retain itineraries/receipts; follow TSA rules
- Seek legal advice before I‑94 expiry if plans change
10) Frequently asked questions
My visa is valid for only 3 months single‑entry. Can I stay for six months?
Possibly. Visa validity does not determine your stay length. CBP sets your authorized stay on the I‑94; always check the I‑94 after entry.
I was refused under 214(b). Can I try again?
Yes. You must reapply and repay the fee, and present new, stronger evidence addressing the prior refusal.
What does 221(g) mean?
It’s a temporary refusal indicating that additional documents or administrative checks are needed. Follow the consulate’s instructions.
Can I work remotely for my foreign employer while visiting?
Visitor status does not permit U.S. employment. Keep any business activity incidental (meetings, negotiations). Consider the appropriate work visa if needed.
Can I visit Canada and come back to “reset” my stay?
No. Short trips do not reset your I‑94. Automatic Revalidation may allow limited re‑entry with an expired visa (strict conditions apply), but it does not extend your I‑94.
Speak to a U.S. immigration lawyer at 1st Attorneys.