Visa Application Assistance

An immigrant visa is for people who intend to live in the United States permanently and normally leads to lawful permanent resident status, commonly known as a green card. A non-immigrant visa is for a temporary, specific purpose such as tourism, study, or work, and the person is expected to leave the United States when that temporary purpose ends. Some non-immigrant categories, like H‑1B, permit dual intent, meaning you can be in temporary status while also lawfully pursuing a green card. Buhler Thomas Law assists clients throughout Utah with both immigrant and non-immigrant visa applications in Salt Lake City and beyond.

Buhler Thomas Law focuses on employment-based and family-based immigration, handling a broad range of visa categories including H-1B specialty occupation visas, other non-immigrant work visas ( O-1, TN, E-3, H-1B1,

Q), employment-based green cards, family-based visas (including spouse and marriage visas and fiancé(e) visas), visitor and tourist visas, and citizenship and naturalization. The firm does not handle E1/E2, L1A/B, EB1A, EB1C, asylum, removal defense, or criminal immigration matters. Contact our immigration attorneys in Utah to confirm whether your situation falls within the firm’s practice areas.

Consular processing means you complete the final steps of your immigrant visa or green card case at a U.S. embassy or consulate outside the United States, attend a visa interview there, and then travel to the U.S. after the visa is issued. Adjustment of status is a process used inside the United States that allows eligible applicants to apply for a green card without leaving the country; the choice between these options depends on where you are currently living, what status you hold (if any), your travel plans, and whether you meet the legal requirements to adjust in the U.S., so an attorney can help you determine which path is safest and most efficient in your specific situation.

In many situations you can include your spouse and unmarried children under 21 as “derivative” family members on your visa or green card case, so they can obtain status through your application instead of filing separate petitions. Whether this is possible depends on the type of visa or immigrant category you are using, your family relationships, and the timing of when marriages or births occurred, so it is important to discuss your family structure with an attorney to make sure no one is accidentally left out.

The Visa Waiver Program (VWP) allows citizens of certain designated countries to travel to the United States for tourism or business for up to 90 days without obtaining a traditional visa. Instead of applying for a visa at a U.S. consulate, eligible travelers complete an ESTA (Electronic System for Travel Authorization) application online before departing for the U.S.

Current VWP countries include Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. As a general rule, individuals who enter under the Visa Waiver Program cannot extend their stay, change to another non-immigrant status, or adjust status inside the United States, with only narrow exceptions (for example, certain immediate relatives of U.S. citizens). If you are unsure whether you qualify or what options are available to you after arrival, the team at Buhler Thomas Law can help you understand your path forward.

If you want to come to the United States for tourism or to visit family or friends, you will usually apply for a B‑2 visitor visa. If you are from a Visa Waiver Program country and meet the requirements, you may instead travel using ESTA for visits of up to 90 days; otherwise, you apply for a B‑2 visa at a U.S. consulate and, if admitted, can typically stay up to six months. In both options, you cannot work or attend school while in the U.S. as a visitor.If you are interested in transitioning to a status that allows work or study, speak with an immigration attorney in Utah before your trip to understand your options. Buhler Thomas Law represents individuals and families navigating a wide range of visitor and tourist visa matters.

If you are traveling to the United States for short‑term business purposes, you may be eligible for a B‑1 business visitor visa. Permitted activities generally include attending business meetings, negotiating contracts, consulting with business associates, and participating in professional conferences or conventions. You must show that you have a specific, limited business purpose, strong ties to your home country, and that you will not be paid a salary or wage from a U.S. source. If you will be working in the U.S. in a way that requires ongoing employment authorization or longer‑term presence, a different non-immigrant work visa may be more appropriate. Buhler Thomas Law can help you determine which visa category fits your situation and advise employers on what documentation employees should carry when traveling on a B-1.

In many situations you can change from one visa status to another without leaving the United States, but only if you are still in valid status, have followed the terms of your current visa, and the new category allows a change from inside the U.S. Some statuses have important restrictions: for example, people who entered through the Visa Waiver Program generally cannot change to another non-immigrant status from within the United States and may need to depart and apply for a new visa at a consulate, so it is important to get case specific legal advice before filing.The immigration attorneys at Buhler Thomas Law can advise you on whether a change of status is available for your specific situation and help you avoid steps that could jeopardize your immigration options.

If your visa expires while you are in the United States, what matters is the date on your Form I‑94, not the expiration date on the visa stamp in your passport. If your I‑94 has expired and you have not timely filed for an extension or change of status, you may begin accruing unlawful presence, which can lead to serious penalties, including a three‑year bar on returning if you overstay more than 180 days but less than one year and then depart, and a ten‑year bar if you overstay one year or more and then depart. If your visa stamp has expired but your I‑94 is still valid, you may remain in the United States lawfully until the I‑94 date. If you are unsure of your status, contact Buhler Thomas Law immediately. Our immigration attorneys in Utah can review your I-94 and advise you on your options.

Overstaying your authorized period of stay which is the date on your I‑94, not the visa stamp in your passport  is serious and can affect your ability to get future visas, reenter the United States, or apply for a green card. If you overstay long enough, you may trigger a three‑year bar, ten‑year bar, or in some cases even a permanent bar on returning to the U.S. It is important not to ignore an overstay; speaking with an experienced immigration attorney in Utah as soon as possible can help you understand your risks and options. Buhler Thomas Law can review your specific situation, explain what bars or penalties may apply, and advise you on the safest steps to move forward.

If you entered the U.S. under the Visa Waiver Program (ESTA), you generally cannot change to another status, such as a work or student visa, while remaining in the United States. If you entered on a B‑2 visitor visa issued by a U.S. consulate, you may in some cases apply to change status to a different category (for example, a student or certain work visas), but this depends on your specific facts, the timing of your filing, and whether you are still in valid B‑2 status when you apply.

USCIS will also look at what your intent was when you entered; if you came as a “tourist” but actually planned to work or study, that can cause your change‑of‑status request to be denied and may raise fraud or misrepresentation concerns.

Visa and green card timelines can vary widely depending on the type of case, where you are applying, and how busy the government agencies are, so it is wise to start as early as possible. In general, we recommend contacting an immigration attorney several months before you hope to travel for short-term visits and at least a year (or more, for some categories) before a planned move or job start date, so there is time to prepare forms, gather documents, respond to any government requests, and address delays that may be outside your control.

Yes. A prior denial does not necessarily mean you are no longer eligible, but it does mean your case needs careful review to understand what went wrong and how to address it. Our attorneys can analyze the refusal, explain whether you can reapply, appeal, or file a different type of case, and help you prepare stronger evidence and explanations to avoid repeating past issues or creating new problems for future immigration options.

For most visa or green card consultations, it is helpful to bring your passport, any prior U.S. visas, your latest I-94 record (if you have visited or stayed in the U.S.), and copies of any applications or decisions you have received from USCIS, the U.S. consulate, or the National Visa Center. You should also bring basic biographical documents such as your full legal name, date of birth, and address history), details about your job or family relationships, and a list of any immigration problems (such as overstays, arrests, or prior denials) so the attorney can give you accurate, tailored advice from the beginning.

Yes. Because U.S. immigration law is federal, Buhler Thomas Law can represent clients anywhere in the world, including those living outside the United States. The firm offers video and telephone consultations and regularly handles cases involving consular processing at U.S. embassies and consulates abroad. Whether you are in Utah, elsewhere in the U.S., or internationally, our team can guide you through the U.S. visa process from start to finish.