What Do you Need to Know About Visas?

What Do you Need to Know About Visas?

 

The immigration system is made up of many different categories.  Some of these categories involve information that is not available to the “naked eye.”   If you do not know some of the rules behind the visa, your application may be denied.

 

One important rule involves the difference between an immigrant visa and a nonimmigrant visa.  An immigrant visa is a green card.  When you apply for a green card from outside the US at a US embassy, it is called applying for an immigrant visa.  When you apply for a green card inside the US with Dept. of Homeland Security, it is called applying for adjustment of status.  No matter where you file your application for a green card, once it is filed, you have created evidence of your immigrant intent.  This means that by filing, you have stated that you intend to live in the US permanently.

 

A nonimmigrant visa, allows you to enter the US temporarily, for example on a visitor’s visa or a student visa.  When you apply for a temporary visa, you must prove that you have a “nonimmigrant intent.”  This means that you must provide evidence that you will return to your home country after a temporary stay in the US .  This could be evidence of a permanent home in your home country, or family or work, obligations in your home country.  It could also be any evidence that shows you are likely to return, including evidence that you returned to your home country in the past after entering the US.

 

Once you file your application for a green card, you are telling the US government that you intend to live permanently in the US.  If you  file an application for a temporary visa after you file your application for a green card, you may have trouble convincing a consular officer that you to enter the US temporarily.  If the officer does not believe that you will return to your home country after a temporary stay in the US, it is likely that your application for a temporary visa will be denied.

 

If you file an application for a green card from outside the US, it is best to remain outside the US until you receive a decision on your green card.  There may be exceptions to this general rule.  It is best to wait until you have your green card before entering the US.