Immigration News

What is a Visa?

If you’re a citizen of a foreign country, in most cases you’ll need a visa to enter the United States.

A visa doesn’t permit entry to the U.S., however. A visa simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you’re eligible to enter the country for a specific purpose. Consular affairs are the responsibility of the U.S. Department of State.

A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

There are two categories of U.S. visas: immigrant and nonimmigrant.

Immigrant visas are for people who intend to live permanently in the U.S. Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis – for tourism, medical treatment, business, temporary work or study.

Types of Visas

Nonimmigrant Visas

Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to go to the U.S. on a temporary basis – for tourism, medical treatment, business, temporary work, or study.

U.S. law requires that people who apply for nonimmigrant visas provide evidence that they don’t intend to immigrate to the United States. It’s up to consular officers at U.S. embassies and consulates to determine eligibility on an individual basis on the merits of each case.

Providing requested documents does not guarantee that you will receive a visa. There is no entitlement to a visa.

And, because each person’s personal situation is different, people applying for the same visa may be asked different questions and be required to submit different documents. Under U.S. law, the authority to issue or refuse visas is vested solely in consular offices abroad. Consular officers have the authority to decide whether the evidence submitted in support of an application is sufficient to establish an applicant's eligibility for a visa. Consular officers may request additional information or documentation depending on their assessment of each person’s situation.

U.S. Department of State
U.S. Department of Homeland Security

Immigrant Visas

Several categories of people are eligible for immigrant status. Certain applicants can apply on their own behalf. All others must have a relative or potential employer apply for them.

U.S. Department of State
U.S. Department of Homeland Security

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	Did You Know?
	The USCIS may not approve or deny your Employment Authorization Document If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document.