The process of obtaining a visa is often confusing. That is not surprising given that the number of types of visas with varying qualifications, different numerical limits, and the diverse federal agencies and regulations involved. Whether seeking a temporary or permanent immigrant visa, many people choose to work with an experienced Aurora visa lawyer.
A dedicated immigration lawyer could help you throughout the process, from determining qualifications to filing petitions, completing applications, submitting documentation, and following up on any delays. Whether you are just seeking information or have been working toward a visa for some time and encountered a difficulty, a consultation with a detail-oriented lawyer may be the right step to take next. En Español.
The U.S. issues two primary types of visas. Permanent visas, which are also referred to as immigrant visas, allow a foreign national to work and live in the U.S. indefinitely so long as they comply with the terms. Those with immigrant visas are considered lawful permanent residents of the U.S. with an identification card known as a green card.
A temporary visa, by contrast, enables a foreign citizen to reside in the U.S. for a defined length of time for a specific purpose such as employment, education, tourism, medical treatment, or another recognized purpose.
Some visas are technically temporary but often considered akin to permanent visas. For instance, a K-1 visa is a temporary visa issued to the fiancé of a U.S. citizen. The visa itself is temporary and only allows 90 days for the wedding to take place. However, it is granted in anticipation of the applicant becoming eligible for a permanent visa once married.
Immigrant visas are usually obtained based on a connection between the applicant and a U.S. citizen, lawful permanent resident, or employer. In other words, family relationships or employment opportunities are the basis of many cases.
Certain family members of citizens and lawful permanent residents are entitled to apply for a permanent visa based on their relationship. Immediate family members of U.S. citizens stand in the best position to obtain a green card because there is no limit on the number of visas granted in this category each year. Spouses, unmarried minor children (including those adopted overseas), and parents (if the citizen filing the petition is at least 21-years-old) all qualify as immediate family members.
The categories for other family members are limited both by relationship and by country of origin, so in some cases, the wait to obtain a visa may be quite lengthy. Other categories are also ranked in order of preference, so it is important to apply for the best available category. Those eligible for a family preference visa include spouses and unmarried children of lawful permanent residents, adult children of citizens, and brothers and sisters of citizens. An Aurora visa attorney could further explain the categories and what they mean.
Just as with family visas, the number of visas issued based on employment relationships is also limited and the different visa categories are ranked in order of preference. There are five categories of employment-based visas.
Generally, a candidate will rank higher in preference depending on skill, achievements in the professional field, or level of education. In most cases, a foreign national seeking an employment-based visa must have a job offer from an employer who has obtained certification from the U.S. Department of Labor.
The process of obtaining a visa consists of several stages and involves multiple federal agencies including U.S. Citizenship and Immigration Services (USCIS) and the State Department. In most cases, a sponsoring citizen initiates the process by filing a petition with USCIS. After the case is initiated, the State Department takes over.
An Aurora visa lawyer may help at any stage in the process. Whether you are trying to figure out the most advantageous way to begin or your application has been delayed or denied, a knowledgeable attorney may be able to help you move forward. To learn what may be possible in your case, call for a consultation.
By: Kelli C
Rating: ★★★★★
5 / 5 stars