HOW US IMMIGRATION SYSTEM WORKS | IMMIGRANT VS NON-IMMIGRANT VISA TYPES

HOW US IMMIGRATION SYSTEM WORKS

The United States immigration law is quite complex, and there is too much confusion about how it actually works. Immigration law has been built upon some principles: admitting immigrants based on skills, reunifying families valuable to the US economy, promoting diversity, and protecting refugees.

 

The Immigration and Nationality Act

The actual body of law is governing present immigration policy is known as The Immigration and Nationality Act. The Immigration and Nationality Act permits the United States to award up to 700,000 permanent immigrant visas each year across various visa categories. 

 

Top 700,000 visas, the Immigration and Nationality Act does not limit the annual admission of US citizens’ parents, spouses, and children under 21. Besides, every year the US president must discuss with Congress and set an annual number of refugees to the US through the United States Refugee Resettlement Process. 

 

Lawful Permanent Resident (LPR)

Once any person gets an immigrant visa and comes to the US, they become a lawful permanent resident LPR. In some situations, noncitizens already inside the United States can get lawful permanent resident status through a process recognized as “adjustment of status.” LPR is foreign nationals who are permitted to live and work permanently and lawfully in the US. Lawful permanent residents are eligible/qualified to apply for almost all available jobs (i.e., jobs not legally restricted to United States citizens) and can stay in the country permanently, even if they are jobless.

 

After staying in the US for up to 5 years (or 3 years in some situations), lawful permanent residents are eligible/qualified to apply for United States citizenship. It is impossible to apply for citizenship through the ordinary process without first becoming a lawful permanent resident. The US also admits each year a range of noncitizens temporarily. Such “nonimmigrant” visas are awarded to everybody from tourists to foreign students to permitted temporary workers to remain in the United States for years. Although certain employment-based visas are subject to annual caps, other nonimmigrant visas (including student and tourist visas) have no limits. They can be awarded to anybody who satisfies the criteria for getting the visa.

 

IMMIGRANT VS NONIMMIGRANT VISA

Foreign nationals looking to enter the United States must usually obtain a visa. In general, visas are divided into two categories: immigrant and nonimmigrant. Immigrant visas are being issued to aliens looking for permanent residence in the United States. On the other side, nonimmigrant visas authorize a person to stay for a limited period with a definite purpose. Following is a discussion of immigration vs. nonimmigrant visa types.

 

Immigrant Visas Types:

Immigrant visas are for those persons who want to shift to the United States permanently. Those awarded an immigrant visa shift to the United States and become green card holders or Lawful Permanent Residents and are put on a path to the United States citizenship.

Many immigrant visa applicants mostly fall into one of 3 main categories:

 

1) Family-sponsored

2) Employment sponsored

3) Special immigrants.

 

All immigrant visa applicants are acceptable, except Diversity Visa, like Lottery winners should be a derivative beneficiary or direct the beneficiary of an immigrant petition.

Nonimmigrant Visas Types:

Nonimmigrant visas are for persons with permanent residence outside the United States, and they wish to temporarily come to the United States. United States law requires that the person who applies for most nonimmigrant visas must prove that they do not intend to immigrate to the US. There are more than 20 categories of nonimmigrant visas that permit nonimmigrant visa applicants to have dual-intent, i.e., they intend to come to the United States temporarily while also having the intent to immigrate permanently.