Do Visitors Need Immigration Forms?

Introduction

Immigration forms are important documents that visitors to a country need to have in order to get authorized entry to the country. They are also used to obtain legal status and work authorization, or to extend their visa. In this article, we shall delve into the question of whether visitors need immigration forms and look at the different types of forms available.

Types of Immigration Forms

There are different types of immigration forms used by visitors to a country, depending on their reason for entry. Some of these forms include the Nonimmigrant Visa Form (DS-160), Application for Immigrant visa & Alien Registration (DS-260), Application to extend/change nonimmigrant status (Form I-539), and Application for Certificate of Eligibility for Nonimmigrant (F-1) Student Status (Form I-20). Let's take a look at these forms in more detail.

Nonimmigrant Visa Form (DS-160)

The Nonimmigrant Visa Form (DS-160) is a form that must be completed by all nonimmigrant visa applicants. Nonimmigrant visas are issued for temporary visits to the United States, like tourism, business, temporary employment, medical treatment, or study.

The DS-160 form is completed and submitted online and is used by the U.S. Department of State to gather information from visa applicants. The information captured in this form includes the applicant's personal details, employment or education history, travel plans, and details of their sponsor or host in the United States.

Application for Immigrant Visa & Alien Registration (DS-260)

The Application for Immigrant Visa & Alien Registration (DS-260) is a form that must be completed by individuals seeking permanent residence in the United States. The form is typically completed by those who have received an approved Immigrant Petition for Alien Relative (Form I-130) or Immigrant Petition by Alien Entrepreneur (Form I-526), through a family member or employer.

The DS-260 form is also completed and submitted online, and the information it captures includes biographic information, passport details, education and work history, details of the applicant's family members, and information on previous marital statuses.

Application to Extend/Change Nonimmigrant Status (Form I-539)

The Application to Extend/Change Nonimmigrant Status (Form I-539) is used by nonimmigrant visitors who are already in the United States and want to change or extend their current visa status. This form is used for individuals who want to extend their stay for tourism, business, temporary employment, medical treatment, study, or other temporary reasons.

The Form I-539 is also completed and submitted online and the information it captures includes the applicant's biographic information, details of their current non-immigrant status, the purpose of their extension or change of status, and supporting documents such as financial records, employment authorization documents, or transcripts.

Application for Certificate of Eligibility for Nonimmigrant (F-1) Student Status (Form I-20)

The Application for Certificate of Eligibility for Nonimmigrant (F-1) Student Status (Form I-20) is a form used by international students who want to study in the United States. International students who are accepted into a U.S. educational institution may be eligible for an F-1 student visa.

The Form I-20 is issued by the educational institution and is completed by the applicant online. The information it captures includes personal details, education history, financial support details, and information on their English language proficiency.

Do Visitors Need Immigration Forms?

In most cases, visitors to a country will need to complete some form of immigration form to enter and stay legally in the country. The specific type of form needed will depend on the purpose of their visit. For example, visitors who are traveling for leisure or temporary business purposes may need to complete a Nonimmigrant Visa Form (DS-160) to obtain a tourist visa.

On the other hand, visitors who are seeking to permanently relocate to the United States would need to complete an Application for Immigrant Visa & Alien Registration (DS-260) to obtain a permanent resident visa.

Similarly, individuals who are already in the United States on a non-immigrant visa but want to change or extend their status would need to complete the Application to Extend/Change Nonimmigrant Status (Form I-539).

For international students who want to study in the United States, they would need to complete the Application for Certificate of Eligibility for Nonimmigrant (F-1) Student Status (Form I-20) after being accepted into an American educational institution.

In summary, immigration forms are necessary for visitors to legally enter, stay, and excel in the United States.

Changes to Immigration Forms in 2021

In 2021, many changes have been introduced to the process of completing immigration forms, intending to improve the visa application process and enhance security measures. Below are some of the key changes to immigration forms in the United States.

Form I-944

Form I-944, used for the Declaration of Self-Sufficiency document, was introduced in 2020 to assess whether persons seeking permanent residency benefits should be allowed to enter or remain in the United States. The form included additional requirements for immigrants, including medical treatment costs and credit report information.

However, the Supreme Court decision in May 2021 ruled that the Department of Homeland Security no longer requires the I-944 form, and removed it from the naturalization process.

Revised Forms I-864 and I-864EZ

The US Citizenship and Immigration Services (USCIS) has revised the Forms I-864 and I-864EZ in 2021, which is used to show that a visa applicant will not become a public charge if they enter the United States.

The revised forms contain new questions that would allow consular offices to assess the sponsor's ability to support the visa applicant without relying on means-tested public benefits, to ensure that the sponsored person will not become a public charge.

Changes to Form N-400

In 2020, the USCIS introduced significant changes to the citizenship application Form N-400. The 20-page form included an expanded list of questions seeking more detailed information on an applicant's travel, military and employment history.

In addition, the revised form restructured the naturalization eligibility requirements, including a new section on the good moral character requirement for the smallest offenses like tax evasion. The changes were intended to determine an applicant's background more rigorously when considering naturalization.

Conclusion

Immigration forms are an essential requirement for visitors to the United States. Completing the right form depends on the individual visitor's purpose of visit to the country. From Nonimmigrant Visas Forms to Forms I-539, I-20, and DS-260, there is a wide range of immigration forms that visitors may need to complete. These forms provide essential information for the Department of State, USCIS, and other relevant authorities to process applications and ensure the visitor's compliance with immigration laws.

Furthermore, the newly revised immigration forms in 2021 improve the security measures for the visa application process. Changes have made the immigration process more secure, allowing only legitimate people to enter the country and avail of its benefits. Whether new visas will be rolled out or more revisions made is yet to be seen, but visitors and immigrants must comply with the updated requirements as they become available.

When an individual wants to visit the United States or obtain authorization to permanently reside within the country, he/she must complete and submit the appropriate application forms. There are many different immigrant and non-immigrant visas available to foreign individuals. As a result, there is numerous different application forms offered to potential immigrants.

Many of these applications exist in electronic form, and thus, they can be accessed online. If an individual is within the United States when he/she requires immigration forms, he/she can visit the United States Bureau of Citizenship and Immigration Services. If he/she needs to obtain paper immigration forms outside of the United States, he/she can visit his/her local United States Consulate or Embassy.

These locations possess paper copies of all necessary immigration forms. If an individual has obtained an immigration attorney, the lawyer may be able to provide him/her with any necessary application forms.