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| Immigrant Visas Vs Nonimmigrant Visas |
If you
are a citizen of a foreign country, in most cases
you will need a visa to enter the United States.
It is the purpose of your intended visit to the
US that determines what visa options are available
to you.
A visa, however, does not automatically permit entry
to the US; it simply indicates that your application
has been reviewed by a US consular officer at an
American embassy or consulate, and that the consular
officer has determined that you are eligible for
the visa classification for the specific purpose
you sought. Consular affairs are the responsibility
of the US Department of State.
While the visa allows you to travel to the United
States, it only gets you as far as the port of entry
(airport or land border crossing) and allows you
to ask an immigration officer to allow you to enter
the country. Only an immigration officer has the
authority to permit you to enter the US. He or she
decides in what status to admit you and how long
you can stay for any particular visit. Immigration
matters are the responsibility of the US Department
of Homeland Security.
As we noted above, it is the purpose of your travel
to the United States that determines the appropriate
visa category for you. There are two main categories
of visas, immigrant and nonimmigrant, that you can
apply for.
Purpose of Visit – How does it determine
the best visa category for me?
It is the nature of your intended visit that determines
what visa category you will fall into. If your stay
will be temporary, you will want to make an application
for a nonimmigrant visa. There
are more than 20 types of visas available within
the nonimmigrant classification, covering a broad
variety of reasons why someone may visit for a short
time. These reasons run the gamut from tourism to
business to medical treatment to certain types of
temporary work.
On the other hand immigrant visas
are granted to those who intend to live and work
permanently in the U.S. There are 3 major categories
within the immigrant visa classification: family-sponsored,
including immediate relatives, special immigrants,
and employer-sponsored.
Let us now look at both the immigrant and nonimmigrant
visa categories in more detail.
Immigrant Visas:
Some foreign nationals are eligible for immigrant
status. To qualify for immigrant status you must
fall into one of the three broad categories. You
must be sponsored by certain US citizen or permanent
resident relative(s), by a prospective US employer,
or fit within one of the special immigrant categories,
and you must be the beneficiary of an approved petition.
| DID
YOU KNOW?
|
| Immigrant
visas are subject to numerical
limitations. That means that
each of the immigrant visa categories
has a certain number of allotted visas.
Once the quota is filled, a "waiting
list" is created that will delay your
arrival into the U.S. |
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Immigrant visa categories:
Immediate
Relative and Family Sponsored
- Immediate
Relatives
- Spouse of a US citizen
- Parents of a US citizen
- Child of a US citizen (unmarried and
under the age of 21)
o Includes adopted children
- Unmarried
adult son or daughter of a US citizen (over
the age of 21)
- Spouse
and children of a Lawful Permanent Resident
of the US
- Married
son or daughter of a US citizen
- Brother
or sister of a US citizen
Employer
Sponsored
- Aliens
of extraordinary ability, outstanding professors
and researchers, and multinational executives
and managers
- Professionals
holding advanced degrees and persons of exceptional
ability
- Skilled
workers and professionals, and other workers
Special Immigrants (includes)
- Employment:
Iraqi or Afghan Translators/Interpreters
- Employment:
Iraqis - Worked for/on behalf of US Government
- Employment:
Religious Workers
Employment Creation
- Alien
entrepreneurs investing $1 million or $500,000
in the US.
Diversity Visa Program - Visas
provided are drawn from countries with low rates
of immigration to the US. Unlike other types of
immigrant visas, Diversity Visas (DV) do not require
a US sponsor, and therefore a petition is not
needed.
Nonimmigrant
Visas:
Nonimmigrant visas are for people with a permanent
residence outside the US who wish to come to the
US on a temporary basis. US law requires that people
who apply for most nonimmigrant visas provide evidence
that they do not intend to immigrate to the United
States. However, simply providing the requested
documents does not guarantee that you will receive
a visa. There is no entitlement to a visa.
| DID
YOU KNOW?
|
| If
you are coming to the US as a temporary
visitor for pleasure, under US law you
would apply for a "B-2 Visa".
If granted, you may come to the US for
a temporary period of time and you may
only engage in activities consistent
with being a visitor, such as sightseeing,
visiting friends and relatives. You
would not be permitted to enroll in
school and study, nor would you be allowed
to work, as those activities are not
consistent with a B-2 visa. If you are
in the US on a Tourist Visa, it is possible
to change status to a different category,
such as student, assuming you meet all
the qualifications. Thus, every nonimmigrant
visa has its own pros and cons, which
you are bound to follow. |
|
Because each foreign national’s personal situation
is different, individuals applying for the same
visa may be asked different questions and asked
to submit different documents. Under US law, the
authority to issue or refuse a visa is vested solely
in discretion of consular offices abroad. Consular
officers have the authority to decide whether the
evidence submitted in support of an application
is sufficient to establish an applicant's eligibility
for the requested visa. Consular officers may also
request additional information or documentation
depending on their assessment of each person’s situation.
Immigrant Visas in Contrast to Nonimmigrant
Visas:
- An
immigrant visa is required for a foreign national
who wishes to enter the United States to reside
permanently whereas a nonimmigrant visa is issued
to foreign nationals intending to visit the
US temporarily.
- In
order to be eligible to apply for an immigrant
visa, a foreign national must be sponsored by
a US citizen or permanent resident relative
or by a prospective employer, qualify as a special
immigrant or as an alien entrepreneur, except
for winners in the Diversity Visa Lottery Program
where the nonimmigrant visa does not require
sponsorship (except in a few rare cases).
- An
immigrant visa gives the right to accept employment
in the US, whereas not all nonimmigrant visas
authorize the holder accept employment in the
U.S.
Conclusion:
The Immigration and Nationality Act (INA) and its
numerous amendments are the basis for most immigration
laws in effect today. US law gives priority for
immigrant status to foreign nationals who have a
close family relationship with a US citizen or LPR
(family based immigration). Second priority goes
to foreign nationals who have needed job skills
(employment based immigration); and finally to those
who are from countries with relatively low levels
of immigration to the United States (the DV program).,Not
motioned above in this article, but still of importance,
are the visas granted to those who have refugee
or Asylee status.
Whereas to qualify for admission in a nonimmigrant
visa status, a for¬eign national must meet all of
the criteria for the specific category: as well
as provide evi¬dence that the visit will be temporary,
agree to depart at the end of the authorized stay,
possess a valid passport, maintain a foreign residence
(in most cases), be able to provide proof of financial
support, be admissible to the U.S. or have gained
a waiver for any grounds of inadmissibility, and
abide by the terms and conditions of admission.
Though both the immigrant and nonimmigrant visa
categories have their own pros and cons, an individual
needs to decide the category most suitable to him
or she based on the purpose of the travel to the
US and other qualifying factors.
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