Nonimmigrant and Immigrant Visas
WHAT IS A VISA?
NONIMMIGRANT VISAS
IMMIGRANT VISAS
The United States is a free and open society that welcomes citizens from around the world who genuinely want to visit, study, and do business here. Generally, citizens of foreign countries need a visa to enter the United States. However, U.S. visa policy permits citizens of certain countries to travel to the U.S. without a visa.
Since the terrorist attacks of 2001, the United States has updated its visa policies and entry procedures to increase security for our citizens and visitors. The U.S. Department of Homeland Security’s (DHS), United States Visitor and Immigrant Status Indicator Technology Program (US–VISIT), is an integrated, automated entry-exit system that uses biometric identifiers to: verify the identities of foreign nationals seeking entry to the United States, authenticate their travel documents, and record their arrival and departure.
These policies have required new security measures which in turn have resulted in longer processing periods for all types of visas. It is therefore critical to know the proper U.S. visa requirements and procedures in order to prevent significant time delays which may derail a planned vacation or family visit, or result in a lost employment or investment opportunity.
WHAT IS A VISA?
A visa is a document that allows the bearer to travel to the United States and request admission at a U.S. port of entry (airport or land border crossing) by an Inspections officer of United States Customs & Border Protection (CBP). However, a visa does not guarantee entry to the U.S., but simply confirms to a CBP Inspections officer that a U.S. consular officer at an American embassy or consulate abroad has determined that the foreign national is eligible to enter the country for the specified purpose. A CBP officer at a U.S. port-of-entry has the authority to either admit a foreign national requesting admission, or deny admission to the United States where the foreign national does not meet the requirements of the particular visa classification or is otherwise inadmissible to the United States.
The issuance of visas is the responsibility of the U.S. Department of State. However, prior to applying for a nonimmigrant or immigrant visa at a United States consulate abroad, a foreign national will usually need to have a visa petition approved on their behalf by United States Citizenship and Immigration Services (USCIS), under one of two categories of U.S. visa classification:
NONIMMIGRANT VISAS
A nonimmigrant visa allows the bearer to travel to the United States temporarily for business, tourism, studies, or work. Nonimmigrant visa classifications are commonly identified by alphabet letters from A to T according to the subsection of the Immigration and Nationality Act which authorizes them. Each classification has specific requirements and restrictions, some of which are summarized below. Generally, nonimmigrant visas have two things in common:
Limited Timeframe: Nonimmigrant visas status is usually limited to a specified time period which expires upon a date certain or specific occurrence; and
Limited Purpose: Nonimmigrant visa status is usually limited to the particular purpose for which admission is authorized.
Generally, nonimmigrant visas can be obtained in a much shorter timeframe than immigrant visas, and therefore may be strategically used to allow for travel to the Unites States while immigrant classification is sought. The following list covers some of the most common nonimmigrant visa classifications but does not represent a complete listing of the types of nonimmigrant visas available under immigration law.
Visitor Visas
Business Visas
Spouses/Fiancée Visas
Student/Trainee Visas
IMMIGRANT VISAS
An immigrant visa allows the bearer to travel to the United States in order to permanently live and work. Immigrants are foreign nationals who seek lawful permanent residence in the United States. A grant of immigrant status as a lawful permanent resident is usually a prerequisite for foreign nationals who wish to become United States citizens. Foreign nationals who become eligible for lawful permanent residence while outside the United States are required to obtain an immigrant visa before traveling to the United States.
Family Immigration
Employment Immigration
Labor Certification
Diversity Visa
Disclaimer: This web site is designed for general information only. The information presented in this website should not be construed or relied on as legal advice or as the basis of a lawyer/client relationship. All the content on this website is protected by the copyright laws of the United States and any duplication or copying of same is strictly prohibited.