ALIENS who are visiting the US temporarily for pleasure may be issued B-2 visas. Under 22 CFR 41.31(b)(2), the term “pleasure” refers to legitimate activities of a recreational character, such as tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature.
A common purpose of B-2 visitors is tourism and family visits. Another common purpose is the attendance of conventions, conferences, or convocations of fraternal, social, or service organizations. However, this should be distinguished from participation in scientific, educational, professional, or business conventions, conferences, or seminars, which would require B-1 business visitor visas. Medical treatment is also a familiar purpose of B-2 visitors.
In this article, we will discuss other valid but not too well-known purposes of B-2 visas to help aliens weigh their visa options.
First, amateur entertainers who will not be paid for performances and will perform in social or charitable events or will compete in talent shows or contests are eligible for B-2 visas. Amateur athletes who will compete in athletic events are also eligible for B-2 visas. Amateurs are defined as those who normally perform without remuneration. On the other hand, professional athletes, such as golfers and auto racers, who receive no salary or payment other than the prize money for their participation in tournaments or sporting events, are issued B-1 visas, not B-2. Internationally recognized athletes who will participate in competitions or events may be issued P-1 visas.
Second, 9 FAM 41.61 Note 9.2-1 recognizes that aliens whose principal purpose is tourism but who also plan to engage in a short course of study of less than 18 hours per week are classified as B-2 visitors. If such visitors (1) plan to spend a week or more of full-time study, i.e. more than 18 hours per week; (2) would earn academic credit; or (3) would complete an academic program of study in the US, then this would require F-1 or M-1 visas. B-2 visitors may also enroll in a school if the purpose of attendance is recreational or avocational.
However, aliens who plan to attend seminars or conferences in the US that are required to earn a degree are not eligible for B-2 visas. Similarly, students engaged in an on-line course of study who plan to travel to the US for academic consultations or to take examinations are not eligible for B-2 visas. These aliens who wish to attend seminars and conferences in the US for credit toward a degree do not qualify for B-2 visas because their studies are neither incidental to a tourist visit nor recreational.
Third, 9 FAM 41.31 Note 14.4 allows B-2 visas to be issued to aliens who are members of the household of other aliens in long-term nonimmigrant status, but who are not eligible for derivative status under the visa classification of the aliens in long-term nonimmigrant status. Examples include: (1) cohabitating partners or elderly parents of temporary workers (such as those in H-1B), students, diplomats; or (2) accompanying parents of minors in F-1 student status. AFM 30.3(c)(3)(D), Note 2 defines “household member” of a principal nonimmigrant as an alien who regularly resides in the same dwelling as the principal nonimmigrant and with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members.
These household members who are issued B-2 visas may stay in the US for up to a year and may extend their stay in increments of up to six months for the duration of the principal alien’s nonimmigrant status in the US.
Last, 9 FAM 41.31 Note 14.1 authorizes the issuance of B-2 visas for the purpose of marrying in the US. Aliens who plan to marry their US citizen (USC) fiancé(e)s in the US may enter on K-1 visas. However, fiancé(e)s of USCs or lawful permanent residents (LPR) may qualify for B-2 visas if these aliens plan to return abroad after their marriage in the US.
B-2 visitors who fulfill the authorized purpose of their visits could look forward to more visits in the future or entry under other visa categories or a smooth immigrant visa application. However, it’s not enough to enter with a valid purpose. Once a B-2 visitor is in the US, he should take care not to violate his status. A common way of violating B-2 status is by working in the US. Breaking the law is another way. In Matter of Neely and Whylie, 11 I&N Dec. 864 (BIA 1966), the Board of Immigration Appeals (BIA) held that a B-2 visitor violates his status: (1) if he is convicted of an offense which results in his incarceration; or (2) if he commits a crime involving moral turpitude even if he does not serve any prison term.
B-2 visitors who violate their status may be removed from the US or may need waivers when they apply for new or different visas in the future.
* * *
Charles Medina practices immigration law. Visit his website at www.medinalawgroup.net for more details. This article provides general information only and does not provide legal advice on any specific matter or predict the outcome of any legal matter. It does not invite or create an attorney-client relationship.
