When you’re considering coming to the United States, it’s imperative to understand that the visa process can be incredibly complicated. However, it can get even more confusing if you’re unsure what kind of visa you need. Generally, you’ll find that you require an immigrant or non-immigrant visa. The following blog explores the differences between these options and how a Virginia immigration lawyer can help you determine what kind of visa best aligns with your needs.
How Are Immigrant and Non-Immigrant Visas Different?
Generally, the main difference between an immigrant and a non-immigrant visa is the intent. If someone intends to remain in the country permanently, they must apply for an immigrant visa. Generally, you’ll find that to obtain permanent immigrant status in the country, the applicant must have a sponsor, whether it be an employer or a relative. Most commonly, those outside of the United States will apply for a green card through their embassy or consulate.
A non-immigrant visa, on the other hand, is obtained by those only interested in coming to the United States temporarily. Typically, you’ll find that this applies to most tourist or business visas. It’s imperative to understand that having a visa does not make you a lawful permanent resident, and you will be required to leave the country upon the expiration of your visa.
Additionally, regardless of which kind of visa you wish to obtain, it’s critical to note that having one does not automatically grant you entry into the United States. Essentially, a visa serves to show that someone at a consulate has determined that you are eligible based on your application. However, the Customs and Border Protection Officer at the port you enter the country through will review your documents and make the final decision based on United States laws.
What Are the Eligibility Requirements?
The eligibility requirements for both kinds of visas can be incredibly complicated. However, it is generally much more difficult to obtain an immigrant visa, as you must show you have established ties to the United States, generally through your family members or an employer, as mentioned.
However, if for non-immigrant visas, you’ll need to show that you have no plans to remain in the United States after your visit has concluded. Typically, this includes showing strong ties to your country, such as employment or family.
Regardless, the process of obtaining a visa, regardless of whether or not you are seeking an immigrant or non-immigrant visa, can be incredibly difficult. As such, it is imperative to connect with an experienced attorney with Goel & Anderson. Our team understands how challenging these matters can be to navigate, which is why we are committed to helping you through them. If you’re ready to begin this process, contact our team today.
