General Questions

[turtlerod 0]

I want to bring my Girl Friend to the USA for a visit. She is Japanese, but her citizenship is Brazilian. She lives in Japan, and has live there for about 30 years.

If we start this process, how long does it typically take?

What percentages of applications are granted?

Any advice would be appreciated.

[Boiler 43,384]

Get Japanese Citizenship and use the VWP would be easiest.

Otherwise apply for a B2.

[JayJayH 546]

Get Japanese Citizenship and use the VWP would be easiest.

Otherwise apply for a B2.

Agreed, and I'll elaborate.

Japanese citizens are eligible for the "VWP" - Visa Waiver Program. Essentially, visa-free travel to the US for up 90 days at a time. All she'd need is a Japanese passport, a completed "ESTA" - Electronic System for Travel Auhtorization (https://esta.cbp.dhs.gov/esta/) and a plane ticket. ESTA takes about 5 minutes to fill out, and unless she has a bad rap sheet, it's usually approved within a few seconds. It costs $14.

Brazilian citizens are not eligible to travel under the VWP, and must apply for a B-2 tourist visa online and interview in person at the nearest US consulate where they live. Since she's a Japanese resident, I presume that would be in the nearest major city in Japan. Here's how - http://japan.usembassy.gov/e/visa/tvisa-niv-b1b2faq.html Application fee is $167.

I am not well versed on Japanese nationality and immigration law, but as ethnic Japanese, having lived for 30 years (legally I presume) in Japan, I'd say it's likely she's eligible for Japanese citizenship. If she is, I'd go that route over a B-2 visa any day.

Why?

B-2 visas can be quite difficult to get. At the visa interview, she'll have to show strong ties to Japan (or Brazil) because US immigration law prohibits a consular officer from issuing a tourist visa to anyone they think might be intending to immigrate to the US. In addition, US immigration law mandates that consular officers presume the applicant is an intending immigrant, until satisfied otherwise. In other words, they'll want to know that she'll leave the US at the end of her visit. Usually, that's done by showing a stable income, property ownership, family ties etc. In addition, if she is denied for a B-2 visa, and later becomes a Japanese citizen, there is no guarantee that she'll be eligible for the VWP because of her previous visa denial - This is kind of a gray spot.

While the US embassy in Tokyo isn't known as a terribly unfriendly embassy, and she has lived in Japan for three decades, visiting a boyfriend in the US can look suspicious to a consular officer, who wants to know that they'll "for sure" leave the US after their visit.

On the other hand, if she gets a Japanese passport, she can travel without a visa for up to 90 days at a time. No visit to the embassy required. No documentation of ties etc required. No application required. Just a $14 ESTA and a plane ticket.

Edited April 17, 2014 by Yang-Ja