If a person wants to come to and remain in the United States, they will need to be aware of the fact that there are many responsibilities and obligations associated with doing so. An example of this would be how there are procedural laws and requirements that people must follow if they want to enter into and stay in the United States for any length of time.
A visa is placed on a traveler’s passport, and is issued by the traveler’s country of origin. Immigration laws regulate how a person who is from another country may qualify for a visa, as well as under what circumstances that person can be deported. Visas can be categorized as being either temporary or permanent, and there are many 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 visa that suits their needs.
People who are already in the United States must adhere to immigration laws. Additionally, many immigrants who already legally reside in the United States have a green card, or a permanent visa. These are further discussed below. Those who have green cards may seek to be citizens. However, in order to obtain citizenship, they must refrain from any activities that are grounds for deportation.
What Are Permanent Visas, Or Green Cards?
The terms “visa” and “green card” are often used interchangeably, although they refer to two different things. It is also common for these terms to be used in ways that are different from their actual meanings.
A visa provides a person with the right to legally enter into the United States. To reiterate, it is a physical stamp that a person receives on their passport, or a travel document equivalent. 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.
The term “green card” is a colloquial term that refers to the process of obtaining United States citizenship, rather than simply entering into the country. The term “green card application” may refer to a process associated with immigration, such as an adjustment of status or naturalization.
The defining difference is that a green card is associated with 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 known as a permanent visa, although the term visa generally refers to temporary visa categories. This may provide some clarification regarding these terms. A person who is immigrating to the United States may be eligible for multiple types of visas. Additionally, the type of visa that a person applies for will largely depend on whether they intend to stay permanently, or only for a short time.
What Are Some Types Of Immigrant Visas?
Under U.S. immigration law, an immigrant visa is a specific type of visa document that allows a foreign national to enter the U.S. and eventually apply for lawful permanent residency. As such, immigrant visas are characterized by the applicant’s general intent to relocate permanently to the U.S.
Lawful permanent residents are generally granted extensive rights, such as the right to work within the country as well as the right to obtain citizenship, as was previously mentioned. This is in contrast to other types of non-immigrant visas, in which the applicant intends to stay in the U.S. temporarily. An example of this would be student visas, or temporary work visas.
There are three broad categories for the different types of immigrant visas. Generally speaking, a person who is seeking to obtain an immigrant visa must have a person or organization petition them to relocate to the U.S. As such, immigrant visas are most commonly categorized according to the applicant’s relationship to the petitioner.
The following are types of immigrant visa categories:
- Family-based: Family-based immigrant visas may be granted to immediate relatives, close family members, fiancés, and other such people who are petitioning the applicant;
- Employment-based: Employers frequently petition a worker to relocate permanently to the U.S.; and
- Special Immigrants: There are some specific categories of employees that can also be petitioned, such as religious workers, or applicants who are from selected countries.
It is important to note that for some employment-based immigration visas, work certification may be required. This requirement can place additional demands on the employer, who will need to verify that the person is filling a legitimate employment need.
Can I Appeal An Immigration Decision?
There are several reasons as to why immigrant visas can be denied. An example of this would be how if an applicant fails to supply the requested documents for the application, this can cause a delay or rejection of the application.
Some visa denials can be appealed, depending on the cited reasons for the immigration board’s decision. Instructions for appealing an immigration decision will generally be found along with the rejection letter sent by U.S. immigration authorities.
Additionally, there are some cases in which the assistance of an immigration lawyer may be needed. This is because the applicant might need to supply additional information, especially for employment-based visas, as the employer may require legal assistance with the process.
It is important to note that only the person who applied or submitted a request may appeal the decision. An example of this would be when an employer submits a request for an employee work visa. If the request is denied, the employer can appeal, but the employee may not. Additionally, you may not appeal a denial of extension of stay, nor a change of nonimmigrant status.
The USCIS will provide instructions for submitting an appeal. Generally speaking, you will pay a fee and file your appeal at the office that made the original decision. When you file your appeal, you may submit an explanation regarding why you are appealing their denial. Once your immigration request is reviewed again, you will be notified by the immigration authorities that:
- Your claim was overturned and they ruled in your favor;
- The decision was upheld and they ruled against you; or
- Your claim was sent back to the office that made the original decision, with further instructions.
Additionally, you may submit a motion to reopen or a motion to reconsider with the office that denied your immigration request. However, this must be done within 30 days of the decision. When you submit your motion, you can ask to be present at the review in order to make an oral argument. If you submit a motion to reopen, you must include new facts, affidavits, and/or documents.
Additionally, in order to have your claim ruled in your favor by using a motion to reconsider, you must show that the original decision was based on an incorrect application of the law or USCIS rules to the facts of your case when it was originally decided. You may also be able to circumvent the rejection by applying for a waiver, such as a Hranka waiver.
Do I Need An Attorney For Help With Immigrant Visa Laws?
If you have any questions associated with immigrant visa laws, you should hire an immigration lawyer. Your immigration attorney can provide you with the legal advice and counseling that is needed to ensure that your application is successfully submitted, or guide you through the appeals process. Additionally, an attorney will also be able to represent you in immigration court, as needed, should any legal issues arise.
