Immigrant and Non-Immigrant Visa Types
Foreign nationals seeking to enter the U.S. must typically obtain a visa. Visas may be divided into two general categories: immigrant and nonimmigrant. Immigrant visas are issued to aliens seeking permanent residence in the U.S., while nonimmigrant visas authorize a stay for a limited period of time with a specific purpose. Following is a discussion of immigration and nonimmigrant visa categories and requirements
IMMIGRANT VISAS
Aliens seeking admission to the U.S. as immigrants follow one of two paths depending on their residence at the time of application.
Aliens living abroad apply for an immigrant visa at a consular office of the Department of State. Once issued a visa, they may enter the U.S. and become legal immigrants when they pass through the port of entry.
Aliens already living in the U.S., including certain undocumented immigrants, temporary workers, foreign students, and refugees, file an application for adjustment of status (to legal permanent residence) with the Bureau of U.S. Citizenship and Immigration Services (USCIS). At the time they apply for adjustment of status, applicants may also apply for work permits. New legal immigrants are automatically authorized to work and should receive alien registration cards ("green cards") after becoming legal permanent residents.
Immigrant Visa Categories
Immigrant visas may be divided into two categories: visas subject to numerical limitations and those that are not.
Visas not subject to numerical limitations are granted to immediate relatives (children, parents and spouses) of U.S. citizens, resident aliens returning from temporary visits abroad, and former U.S. citizens. To qualify as a "child" of a U.S. citizen the person must be unmarried, under 21 years old, and either a legitimate child, stepchild, illegitimate child, adopted child, an orphan adopted abroad, or an orphan coming to the U.S. to be adopted. A parent with any of the relationships described under the definition of child qualifies as a "parent." In order to receive a visa as the spouse of a U.S. citizen the alien must have a "valid and subsisting marriage" with that citizen.
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