Our office will be closed from December 22nd to January 1st due to the holiday season. We are looking forward to getting in touch with you on January 2nd upon our return.

Everything You Should Know About Immigrant Visas

Foreign nationals are granted U.S. visas for many different travel reasons. Applying for a visa can be complicated, so knowing how the process works is critical to avoid a visa denial. Whether you are visiting the United States for business, a family vacation, or school, here’s what you need to know before submitting your visa application.

What are the Different Types of U.S. Visas?

While there are 185 different types of U.S. visas, each one fits into the category of an immigrant visa or nonimmigrant visa. When applying for a visa, it’s critical to know which visa fits your travel plans. Knowing which visa to apply for can help ensure that you submit the proper application and get the process started correctly so you can avoid any delays.

What’s the Difference Between Immigrant and Nonimmigrant Visas?

Immigrant Visas

An immigrant visa is issued to immigrants who were born outside of the United States but wish to live and work in the country permanently. An individual is eligible to apply for an immigrant visa if they are sponsored by an employer or a family member based in the U.S. When granted an immigrant visa, you will have the same rights and privileges as a United States citizen.

Nonimmigrant Visas

A nonimmigrant visa is issued short-term and has a limited period in which a foreign national is permitted to remain in the United States. Some common reasons an individual may be granted nonimmigrant visa are for:

  • Business
  • Tourism
  • School
  • Medical treatments

Most Common U.S. Visas Issued To Immigrants

Below are the most common visas issued to foreign nationals:

  • Nonimmigrant Visas
    • H-1B - Work visa
    • O-1 - Entrepreneur visa
    • E- Investor visa
    • B1 and B2 - Business and Tourism visas
  • Immigrant Visas
    • K-1 - Fiancé visa to marry a U.S. citizen
    • IR1, CR1 - Spouse of a U.S. citizen visas
    • V- visa for spouses and unmarried children under 21 of green card holders
    • E-1 - Employment-based visa

Expired Visas

Immigrant and nonimmigrant visas permit an individual to remain in the United States for a specific period. Staying in the United States past your visa expiration date puts you in unlawful immigration status. As outlined by the U.S. Citizenship and Immigration Services (USCIS), you may be barred from entering the U.S.under the following circumstances:

  • You are not permitted to enter the U.S. for three years if you’ve overstayed your visa for more than 180 days but less than one year from the expiration date.
  • You are not permitted to enter the U.S. for ten years if you have overstayed your visa for one year or more.
  • You will be barred from entering the U.S. permanently if you have reentered or tried to reenter the U.S. without being permitted or paroled.

Are You Eligible for an Immigration Waiver to Stop Deportation?

An immigration waiver is a “forgiveness” that may be granted for certain immigration violations, including overstaying a visa. To find out if an immigration waiver is suitable for your situation, contact a skilled immigration attorney to learn the best way you can avoid deportation for overstaying your visa. The process of obtaining an immigration waiver can be complicated. Depending on the immigration violation, there are specific requirements that need to be met.

When you Need an Immigration Attorney

Whether you need assistance applying for a visa or need help to rectify a visa overstay, consulting an immigration attorney can help guide you in the right direction.

Immigration law can be confusing. You want to ensure that you have an experienced attorney on your side in your immigration case. If you or a loved one needs assistance with any immigration matter, contact Revilla Law Firm, P.A. today at (305) 858-2323 to learn more about how we can help.

Related Posts
  • Steps to Take After a Visa Denial Read More
  • Updates on the ‘Public Charge’ Rule Read More
  • How COVID-19 Affecting Immigration in the U.S. Read More