Visas

Living, Working and Studying in the United States

If you wish to travel to the U.S. for any reason, you may be required to obtain a visa. The only exception may be if you are staying for less than 90 days for pleasure, business or medical treatment and you are from one of the 36 countries participating in the Visa Waiver Program. Applying for a visa may be a lengthy and complicated process, depending on whether you are planning on working, studying or permanently residing in the United States. It is therefore important to have a basic understanding of these proceedings and what to expect.

What is a visa?
Before a person from another country can legally enter the United States, he or she must obtain a visa. This is a document or passport endorsement that authorizes entry into the U.S. There are two primary categories of visas: immigrant (for permanent residency) and nonimmigrant (for temporary residency). Depending on the purpose and duration of your intended stay in the U.S., applying for a visa may be a relatively straightforward or extremely complex process. Seeking accurate information and insight from an immigration lawyer may be in your best interests so you can properly prepare for and seek a visa.

Nonimmigrant Visas
A nonimmigrant visa authorizes a temporary stay in the United States. For example, a foreign national may get an offer to work in a specialized field at a U.S.-based company. To live and work in the U.S., the foreign national would need to obtain a work or employment based visa. This particular type of visa is often initially petitioned by the employer; after the initial petition is approved the prospective employee would be able to apply for the necessary visa. Other types of nonimmigrant visas include student visas, investor visas, religious worker visas and entertainer or athlete visas.

Immigrant Visas
An immigrant visa, or "green card," authorizes permanent residency in the U.S. It is generally much more difficult to obtain an immigrant visa, and the eligibility requirements are strict. In many cases, a foreign citizen must be sponsored by a relative who is a U.S. citizen or permanent resident or by a prospective employer who has filed an approved petition on their behalf. A foreign citizen may also obtain a visa by way of the Diversity Lottery, which draws visas from countries with low immigration rates to the U.S. Some of the main types of immigrant visas include relative and family sponsored visas such as marriage, immediate relative and fiancée visas, and employer sponsored visas.

The Visa Application Process
The specific procedure of applying for a visa will vary depending on the type of visa, but an applicant will generally need to fill out and send in forms, prepare and submit detailed information and take part in an interview or interviews. Applications and information will also be cross-checked against an international security database. Most nonimmigrant visas take a few weeks to process, but this may take longer depending on the specific type of visa and the volume of applications at the time. You may find it helpful to hire an attorney to assist you in applying for a visa, depending on the specific situation.

Appealing a Denied Visa Application
If your visa application has been denied or revoked, you have options. You may be able to file an appeal with the Administrative Appeals Office of the U.S. Citizenship and Immigration Service (USCIS). When you receive your denial or revocation notice, you should receive information regarding your options and the time constraints involved in filing an appeal.

Learn more about visa applications and appeals – find an immigration lawyertoday.