Immigrant Visas and Non Immigrant Visas

News & SocietyPolitics

  • Author Sally Odell
  • Published May 2, 2008
  • Word count 464

What is a visa and how does it relate to immigration?

If you’re a citizen of this country by birth, either within the territory of the United States or to U.S. citizen parents, most Americans don’t know how visas work. But if you’re a citizen of a foreign country you will need one to come into the United States.

A visa is an application to enter the United States not a permit. It has been read by a consular officer at the American embassy or consulate and has been reviewed for the determination of eligibility to enter the United States for a specific purpose. There are different types of visas and one in particular is the ‘B-1 Visitor for Business’ which permits a foreign national to enter the U.S. to conduct business associated with international trade or commerce. This particular visa would also allow you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. The immigration officer would then allow you entrance and also decide for what length of time you would be permitted to stay for that particular visit. Matters of responsibility to immigration are that of the U.S. Department of Homeland Security.

U.S. visas fall into two categories: immigrant and nonimmigrant.

The differences are as such; for those whom intend to live permanently within the U.S. the Immigration visa is considered, and for those with a permanent residence outside of the U.S. and are only temporary visitors for such things as medical treatment, business, temporary work or study this would be the visa for them. Now with regards to the nonimmigrant visa, the U.S. law requires the applicant to provide evidence that they don’t intend to immigrate to the United States. And one must keep in mind that providing the requested document does not guarantee that they will receive a visa, there is no entitlement when it comes to a visa and you should consult an immigration lawyer rather than attempting to do this without counsel.

When it comes to a visa there is no one condition that accompanies or influences all the facts or information surrounding the information needed for the application. Each person may have a different situation and those applying for the same visa may be asked different questions and may be asked to submit different documents.

And lastly under U.S. law, when it does come time to issue or refuse a visa, it is the consular offices abroad that have the final authority to decide whether the evidence submitted in support of an application is adequate to establish eligibility of an applicant for a visa.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

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