Overview
There is a wide array of different visas that the United States offers to foreign individuals who want to come either temporarily or permanently. The important choice or “intent” of whether you will be staying permanently or temporarily is what governs the type of visa you may apply for. If you plan on staying in the United States temporarily, then you may only apply for a non-immigrant visa. However, if you intend to live permanently in the United States, then you may only apply for an immigrant visa. This brief article outlines the important differences and requirements of both visas.
Immigrant Visa
The Immigrant visa is issued to those who intend to both live and work permanently in the United States. You may have heard terms such as permanent resident, immigrant green card holder, or resident alien. These are just a few terms that are used to describe different types of immigrant visas. When you acquire an immigrant visa, you will be permitted to work and live in the United States with most of the privileges and rights as United States citizens. There are many ways to obtain an immigrant visa however, most successful applicants are sponsored by a family member or employer in the United States or through refugee/asylum status and other humanitarian programs. Furthermore, some applicants such as workers with extraordinary ability, investors, and certain special immigrants are able to petition on their own behalf and do not require a sponsor. The specific type of immigrant visa you apply for governs whether or not you are able to sponsor yourself.
Nonimmigrant Visa
Nonimmigrant visas are issued to those who are seeking to enter the United States temporarily for tourism, business, medical treatment and specific types of temporary work. The type of nonimmigrant visa you apply for is specifically based on the purpose of your temporary visit. Furthermore, different nonimmigrant visas allow for different amounts of time a foreign international may stay in the United States.
In general, most foreign internationals apply directly to the United States consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, if you wish to come to the United States to study or work, this will likely require extensive authorization and documentation prior to filing for a nonimmigrant visa. See our articles regarding F1 student visas and H-1B visas. Please keep in mind that the issuance of a visa does not guarantee entry into the United States. An approved visa indicates that an American embassy or consulate officer has determined you are eligible to enter the United States due to your intended purpose of temporary stay on your nonimmigrant visa application. However, it is ultimately up to the officer at the U.S. border or port of entry to determine if you display any indication that conflicts with your intended purpose of temporary stay on your visa application.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. We can help you present the strongest possible case to USCIS, thereby maximizing your likelihood of success. With our attorney by your side, you can navigate this process with efficiency and confidence.
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