Immigration laws govern how a person from another country may qualify for a visa, and under what circumstances that they could be deported. There are a number of different types of available temporary and permanent visas. Depending on the purpose for a person’s entry into the United States, there will generally be a specific visa that suits their needs.
People who are already in the United States must abide by immigration laws. Additionally, many immigrants who already legally reside in the United States have a green card, or a permanent visa. The difference between these terms will be further discussed below. In short, people with green cards may seek to be citizens. However, they must refrain from any activities that may risk deportation.
A person who is a non-resident may be deported from the United States in several different ways. These generally include, but may not be limited to:
- Being arrested as an immigrant;
- Having an application rejected by the USCIS; and/or
- Having a request for asylum denied.
An immigrant’s rights and their claim for relief will be decided by an immigration judge.
What Are Permanent Visas, Or Green Cards?
The terms “visa” and “green card” are often used interchangeably, and it is also common for these two terms to be used in ways that are different from their original meanings. However, the terms do refer to different things.
A visa is what provides a person with the right to legally enter into the United States. It is a physical stamp that a person receives on their passport, or an equivalent document. The term visa also refers to a category in which a person comes to the United States for a temporary stay. An example of this would be a student visa, or a temporary worker visa.
Alternatively, the term “green card” refers to the process of obtaining United States citizenship, rather than simply entering into the country for a finite amount of time. Additionally, the term “green card application” may refer to a process associated with immigration, including an adjustment of status and/or naturalization.
To put it another way, the emphasis of a green card is on citizenship and residency status rather than admissibility into the United States. Physically, a green card is a plastic photo identification card that a person receives when they are granted lawful permanent resident status. It is important to note that a green card is also known as a permanent visa, although the term “visa” generally refers to temporary visa categories.
A person who is immigrating to the United States may be eligible for multiple types of visas. As such, the type of visa that a person applies for will largely depend on whether they intend to stay permanently, or for a short amount of time.
What Is A Temporary Visa?
To reiterate, U.S. immigration law defines an immigrant visa as a specific type of visa document that allows a foreign national to enter into the U.S., and eventually apply for lawful permanent residency. Lawful permanent residents are generally awarded the same rights as natural-born citizens, such as the right to work in the country and the right to pursue citizenship.
Immigrant visas can be categorized in one of three broad categories. Generally speaking, a person who is seeking an immigrant visa must first find another person or organization who will petition them to relocate to the U.S. Because of this, immigrant visas are generally categorized according to the applicant’s relationship to their petitioner.
The three categories are:
- Family-Based: Examples of petitioners may include immediate relatives, close family members, fiancés, and other people who are willing to help the applicant receive their visa;
- Employment-Based: Employers may act as a petitioner, in order to petition a worker to relocate permanently to the U.S. It is important to note that for some employment-based immigration visas, work certification may be required. What this means is that an employer will need to verify that the person is filling a legitimate employment need; and
- Special Immigrants: An example of special immigrants as employees would be religious workers, or applicants who are from selected countries.
Immigrant visas are also characterized by the applicant’s general intent to relocate permanently to the United States. This is in contrast to other types of non-immigrant visas in which the applicant only intends to stay temporarily. An example of this would be student visas, or temporary work visas.
An applicant for nonimmigrant status will need to prove that they do not intend to stay or live permanently in the United States. Additionally, there are certain factors that could exclude an applicant from receiving a non-immigrant visa. An example of this would be a criminal felony record.
What Is A K-4 Visa?
The category of K visas are intended for those who are about to be married to a U.S. Citizen, or for those who are already married to a U.S. Citizen. The K-3 visa is a non-immigrant visa intended for those who are married to a citizen of the United States. As such, the K-4 visa is for the unmarried dependent children (under 21 years old) of someone who is on a K-3 spousal visa.
Similar to other “family” or “dependent” visas, the status of the K-4 visa holder solely depends upon the status of the principal K-3 visa holder. What this means is that if the Department of Homeland Security fails to approve the K-3 visa holder’s request for permanent residency, or if the principal K-3 visa holder terminates their marriage with the U.S. citizen spouse, the principal visa holder must return to their home country and so do their dependents that are here on K-4 visas.
The other dependent K visa would be the K-2 visa, which is intended for the children of those who are the fiancé of a U.S. Citizen.
In order to obtain a K-4 visa, you must be:
- Under 21;
- Unmarried; and
- The legal child of a K-3 visa holder.
If you are ineligible for a K-4 visa because of certain activities, you could obtain a K-4 visa if you obtain a waiver. This is further discussed below.
While you are on a K-4 visa, you may legally reside in the U.S while you wait for your immigrant status to change. Additionally, you can work while you wait, but only if you file an application for employment authorization with the U.S. Citizenship and Immigration Services.
One limitation of the K-4 visa is that once you are in the U.S. you may not change to some other non-immigrant status. Additionally, because the K-4 visa status is connected to the status of the K-3 visa, the K-4 visa can be terminated if conversion to permanent resident status is denied to your parents, or to you.
What Is A Visa Waiver?
Some immigrants may be permitted to enter the United States without going through the regular visa application procedures. This is referred to as a visa waiver. Some examples of criteria for obtaining a visa waiver include, but may not be limited to:
- The recipient’s stay must be ninety days or less;
- The immigrant must be a citizen of a qualified visa waiver country;
- All recipients must possess a valid passport;
- Immigrants are generally required to provide a round trip ticket with their return date as proof of their intentions; and
- Recipients must fill out forms from the Bureau of Citizenship, as well as Immigration Services.
Do I Need An Attorney To Get A K-4 Visa?
If you need assistance with a visa application, you should speak with an experienced immigration attorney. Your immigration lawyer can help you determine which visa to apply for, and will also be able to represent you in court, as needed, should any legal issues arise.
