Florida: Visas & Residency

DO YOU NEED A PERMIT OR VISA?

Before making any plans to buy a home in Florida, you must check whether you will need a visa and ensure that you will be permitted to use the property when you wish and for whatever purpose you have in mind. While foreigners are freely permitted to buy property in America, most aren’t permitted to remain longer than three months a year without an appropriate residence permit (a so-called ‘green card’) or visa. If there’s a possibility that you or a family member may wish to work or live permanently in Florida, you should enquire whether it will be possible before making any plans to buy a home there. Permit infringements are taken seriously by the American authorities and there are penalties for breaches of regulations, including fines and even deportation for flagrant abuses!

With the exception of certain visitors (see Visa Waivers below), all non-resident foreigners wishing to enter America require a visa. America issues a bewildering range of visas, which are broadly divided into immigrant (permanent resident) and non-immigrant (temporary resident) visas. An immigrant visa gives you the right to live and work in America (and change jobs freely) on a permanent basis and qualify for US citizenship after five years’ residence. A non-immigrant visa allows someone to enter and remain in America on a temporary basis, e.g. from six months to five years, and in certain cases to accept employment. Work permits aren’t issued as the appropriate visa serves the same purpose.

American immigration and naturalisation laws are enforced by the Immigration and Naturalisation Service (INS) of the United States Department of Justice, who are responsible for the processing of foreigners entering America and those seeking permanent residence. The INS maintains four regional service centres and over 60 local offices throughout America, and also has representatives in most American embassies and consulates. It issues some four million visas annually. Entry into the country is strictly controlled and anyone who doesn’t comply with visa requirements can be fined, jailed or deported. In general, America attempts to restrict the entry of undesirables, i.e. anyone who’s a threat to the health, welfare or security of America (of which it clearly already has more than its share).

Possession of a visa isn’t a guarantee of entry into America. The Nonimmigrant Visa information provided with the visa application form (OF-156 – see below) states that ‘when a traveller reaches the United States, an INS officer determines whether or not a person qualifies under the law to enter America. This applies whether the traveller has a visa or not. Therefore, travellers should carry with them evidence of the purpose of their trip, evidence of funds to support themselves during their stay in America, and evidence of plans to leave after a reasonable stay.’ Only holders of visas permitting employment may work in America and holders of other categories of visas may not accept employment, even informal work in a household as a nanny, au pair or mother’s helper. Your passport must usually be valid for a minimum of six months after the termination of your planned stay in Florida. If your passport is close to its expiry date, you should renew it before travelling to America.

There are many books that describe immigration procedures in detail including Immigrating To The USA by Dan P. Danilov and Howard David Deutsch (Roundhouse Books), Immigration Questions and Answers by Carl R. Baldwin (Windsor Books) and The Immigration Handbook by Henry G. Liebman (Fairgreens Media). Further information is available on the government website, www. state.gov.

Note that immigration is a complicated subject and that the information contained in this fact sheet is intended as a general guide only. You shouldn’t base any decisions or actions on the information contained herein without first confirming it with an official and reliable source, such as an American Embassy or Consulate.

Visitors

Anyone wishing to visit Florida for a holiday or on business who doesn’t qualify for a visa-free trip (see Visa Waivers below) or who wishes to remain longer than 90 days must apply for a non-immigrant visa. All applicants for non-immigrant visas filing at an American embassy or consulate (i.e. outside America) must complete a Nonimmigrant Visa Application (form OF-156), a surprisingly small and inoccuous looking piece of paper. All questions are fairly straight forward, although you should be careful to answer honestly, as American embassies and consulates maintain meticulous records and can easily check whether you’ve previously had a visa refused or cancelled. Keep a copy of the form for your own records and, if you’re concerned about not being admitted, bring it with you when entering America. A separate form must be completed for each visa applicant, including your spouse and children. There’s a fee for a non-immigrant visa, e.g. £30 in Britain.

Visitors’ visas aren’t required by Canadian citizens and most foreign residents of Canada (landed immigrants) who enter America as visitors or by Mexican nationals with a US border crossing card. Visitors’ visas are the most commonly issued visas and are valid for visits for business or pleasure. B-1 visas are granted to business people and B-2 visas to tourists, although combined B1/B2 visas are also issued.

Both B-1 and B-2 visas are valid for a maximum of ten years and may permit a single entry only or multiple entries. A ten-year visa allows the holder to enter and leave America as often as he wishes during its validity period. However, B-2 visas normally allow an entry period of six months at any one time (the actual period is decided by an immigration officer), although extensions may be granted. Factors which affect the entry period and the likelihood of admission with a B-2 visa include the expiration date of the visa, the number of entries made, the expiration date of your passport and your history of travel to America.

B visas normally don’t give visitors the right to work for American companies, even if payment is made outside the country. This doesn’t, however, apply to business conducted as a visiting businessman, e.g. as a representative of an overseas company, when no payment is received from an American source. The holder of a B-1 visa may consult with business associates, lawyers or accountants, take part in business or professional conventions, and negotiate contracts and look for investment opportunities. A category B-1 visitor must have a permanent overseas residence.

In addition to completing form OF-156 for a non-immigrant visa, supporting documentation may be required in the form of an invitation from the person who you will be visiting or staying with in America, if applicable. For a B-1 visa, you may require a letter from your employer verifying your continued employment, the reason for your trip, and your itinerary in America. You may be required to ‘submit evidence substantiating the purpose of your trip and your intention to depart from America after a temporary visit.’ Examples of the evidence required are given on form OF-156. In the case of pleasure trips, this includes documents outlining your plans in America and stating the reasons why you would return abroad after a short stay such as family ties, employment (a self-employed person may require a letter from his accountant or solicitor stating that he’s known to them and stating how long he has been in business), home ownership or similar binding obligations in your home country. The issue of a B-2 visa allowing a stay of six months is usually straightforward for a retiree owning a home in Florida, but should never be regarded as a formality (owners are sometimes required to attend an embassy interview before being granted a visa).

Applications for B visas can usually be made in person and they can be issued the same day, although this varies depending on the country. Note that in some cases the issue of B-1 visas can take a long time. In some countries you can leave your application and documents at an embassy or consulate (a ‘drop-box’ may be provided) and collect your visa the next day or have it posted to you. If time doesn’t allow a postal application, you can apply through a travel agent or visa courier service, who can usually obtain visas within a few working days. If you apply for a visitor’s visa by post, you’re advised to allow 10 to 14 days for processing. Note that if you make an application for a visitor’s visa in a country other than your home country or country of residence (called an ‘out-of-district’ application), your application will be subject to increased scrutiny as it may be suspected that you’re ‘shopping around’ for an easier port of entry.

Note that a B visa doesn’t allow you to remain in America indefinitely; a condition of the B visa is that you intend to leave the US at a specific time in the future. You must also maintain a permanent home abroad. It’s possible to extend a B-2 visa for a maximum of six months at a time. An application to extend a B-1 business visa must be accompanied by a letter from your employer explaining why you need an extension. There’s no entitlement to an appeal if the extension isn’t granted. Technically you can leave America after six months, return the following day and stay for a further six months, but you’re unlikely to get away with this many times. Although many people use a B visa to remain in America for a year or two, most eventually get caught and are deported or refused admission. As a result of previous abuse by holders of B visas, immigration officials may regard them as ‘suspect’ and make checks to ensure that they aren’t cheating the system.

Visa Waivers

Nationals of certain countries can visit America under a temporary Visa Waiver Pilot Program (VWPP), including the citizens of Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland Uruguay and the United Kingdom. If you’re a citizen of one of these countries, you don’t require a visa to visit America, provided:

• that you have a valid passport issued by a participating country and are a citizen of that country (not just a resident). Note that in most cases your passport should be valid for at least six months from the date of your arrival. British passport holders should note that if their passport indicates that they’re a British Subject, British Dependent Territories Citizen or a British Overseas Citizen, they don’t qualify for travel without a visa.

• your trip is for pleasure or business;

• your stay is for a maximum of 90 days;

• you have a return or onward non-transferable ticket for a destination outside North America, issued by a participating carrier (i.e. most major airlines and shipping lines) and non-refundable except in the country of issuance or your home country. If you enter America by land from Canada or Mexico, the return ticket requirement isn’t applicable.

• there are no ‘grounds of exclusion’ or reasons why you shouldn’t be admitted to America.

A Nonimmigrant Visa Waiver Arrival/Departure Record (form I-94W) must be completed, available from participating carriers (airlines and shipping companies), travel agents, US tourist offices, American embassies and consulates, and ‘ports of entry’ from Canada and Mexico. If you enter by land from Canada or Mexico, you must also pay a fee of US$6. Note that if you enter America under the Visa Waiver Pilot Program, you cannot obtain an extension of more than three months and you waive your rights to a hearing in the case of exclusion or deportation, except when applying for asylum.

© Survival Books Limited 2004

“Buying a Home in Florida” 2nd Edition, David Hampshire.

Reproduced with the permission of Survival Books Limited.

Further information on this topic can be found in “Buying a Home in Florida” 2nd edition, by David Hampshire.

For extensive information about buying a property in Florida, you can purchase this book at www.survivalbooks.net