Two classes of visas are processed by U.S. Consulates abroad:
immigrants and non-immigrants.
PERMANENT RESIDENCE – IMMIGRANT VISAS
To qualify for permanent residence, an applicant must have
or be one of the following:
• A spouse or minor child of a U.S. citizen;
• A parent, adult child or sibling of an adult U.S.
citizen;
• A spouse or minor child of a legal permanent resident;
• An employee that a U.S. employer has received approval
from the
Department of Labor to hire;
• A person of extraordinary or exceptional ability;
• A refugee or asylee fleeing persecution; or
• An approved application in the visa lottery.
A personal interview for permanent residence is normally
required before a U.S. Consul who will examine eligibility
as well as confirming that the applicant is not inadmissible
for an aggravated felony, or a prior order of deportation
or for public health reasons, or for suspected terrorism.
TEMPORARY ENTRIES – NON IMMIGRANTS
Admissions on a temporary basis are usually referred to by
letters and numerals such as B-2 (tourists), E-1 and E-2 (treaty
traders and treaty investors), F-1 (students), H-1B (temporary
professionals), J-1 (cultural exchange visitors), K-1 (fiancés
of citizens), L-1 (intra-company transferees), etc. These
non-immigrants must satisfy a Consul that they wish to enter
the U.S. for a limited time and for a specific purpose. All
non-immigrant applicants except (H-1) workers, intracompany
transferees (L-1) and (V) family members must show that they
are not coming to live here permanently.
Usually personal interviews are required.
VISA WAIVERS
Aliens coming as visitors from 27 countries such as Australia,
France, Germany, Italy, Japan, New Zealand and Switzerland,
are not required to obtain a visa from a U.S. Consulate abroad.
These entrants are allowed entry for 3 months; extensions
or change of status are not permitted unless the alien marries
a U.S. citizen.
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purposes only. This information does not constitute legal advice. The law
is constantly changing and the information may not be complete or correct
depending on the date of the article and how it may affect your particular
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