passport next to mini plane

When you are looking to come to the United States, the process of obtaining a visa can be incredibly difficult, regardless of the reason you wish to enter the country. However, the process for entering the country will also depend on your reasoning. If you’re looking to immigrate to the United States, you’ll need a different visa than if you plan on staying for a shorter period of time. If you are unsure of the differences between a nonimmigrant and an immigrant visa or which one aligns with your needs, the following blog and a New York immigration lawyer can help guide you through these complicated issues.

What Is the Difference Between a Nonimmigrant and Immigrant Visa?

When someone wants to enter the United States, they must have a visa. This essentially allows them to enter the country based on the conditions of the visa. As such, your intended purpose will determine which one you need.

If you plan on moving permanently to the United States, you will need an immigrant visa. This will allow you to live and work in the country permanently. In general, your employer will sponsor the visa on your behalf, which is then sent to the U.S. Consulate. Upon review of this application, the Consulate will issue you an immigrant visa. Once you enter the country, you can become a lawful permanent resident of the United States, also known as a green card holder.

A nonimmigrant visa, on the other hand, is issued to those looking to enter the United States for medical treatment, tourism, or business. This does not allow the individual to remain in the country, as they must exit before the visa expires.

What Are the Requirements for Both?

While both kinds of visas can be challenging to obtain, it is much harder to get an immigrant visa. This is because you must be able to prove that you have ties to the United States. Typically, this is through employment or family. For example, if you are an unmarried child of a citizen or green card holder, you can apply for a family-based immigration visa.

On the other hand, to obtain a nonimmigrant visa, you must establish that you have no intention of remaining in the country after your visa has elapsed. Essentially, you must be able to show that you have strong ties to your country of origin, such as a job, family, or other responsibilities that would require you to go back once your visa has expired.

The visa application process can be incredibly complicated. As such, it’s in your best interest to connect with an experienced attorney who can help you navigate this process to ensure your forms are completed correctly to improve your chances of obtaining a visa successfully. At the Law Office of Jason A. Dennis, our dedicated legal team understands the complexities of this process, which is why we are ready to assist you. Connect with our firm today to learn how we can guide you through these matters.