The meanings of given terms in the context of the U. S. immigration law differ from the literal ones and refer to ‘visa’ and ‘green card’ as well. To simplify the subject matter and unravel real meanings in contrast to the vest that has encroached on these terms, this article explores their legal definition alongside their general usage.
The Legal Meaning of a Visa
Visa, in as much as it relates to the U. S immigration law, is an endorsement placed on a passport by the U. S. Department of State (DOS) and through the consulates or the embassy in numerous nations across the globe. This document gives certain foreign nationals the right to appear at a US border or an entry point and request entry.
The final authority for letting commence into the United States rests with the customs officer at the border post or immigration officer at the immigration checkpoint at the airport if at all. Having a visa, though, does raise the chances of being permitted to enter the country.
Such permissions are attached to an individual’s passport in the form of a stamp, which is actual proof of being allowed to enter the state. When they invite you to go and collect your visa from a U. S. consulate, you are preparing to acquire this stamp or a document of a similar nature that serves as a gateway to allow you into the United States.
There are two primary categories of visas: For this paper, there are two types of visas namely the immigrant visa and nonimmigrant visa.
Immigrant Visas
An “immigrant visa” provides the holder with the immigration status of a permanent resident of the United States as soon as he/she sets foot within the territory.” The US immigration authorities grant “conditional residence” to immigrants who enter through marriage or the EB-5 investment program. After two years, the immigrant can actively apply to remove the conditions and obtain permanent residence. Once approved, they receive a green card, enabling them to live in the US indefinitely, as long as they comply with the laws and avoid deportation.
Nonimmigrant Visas
On the other hand, a ‘non-immigrant visa’ is a visa that signifies that the holder of the visa is allowed entry into the country for a limited period only. Nonimmigrants who are issued an I-PME number on their Form I-94 stamped by Customs and Border Protection must also leave the United States before the I-94 expiration date. Their validity period can also be relatively long; it may extend as short as a few months such as the visitor visa for tourist (B-2) or business (B-1) or extend to years such as the H-1B for a working visa, F-1 or M-1 and J-1 exchange student/scholar visa.
If you want to know more about visa duration than mentioned above, you can read the article How Long Will Your U. S. Visa Allow You to Stay?
The Legal Meaning of a Green Card
When used in a legal context, “green card” refers to a non-immigrant plastic photo identification card given to those who stay green for a short time or after they arrive in the United States with approval as a lawful permanent resident. The US Citizenship and Immigration Services approves the application and mails the green card to the immigrant after they either enter the US on an immigrant visa issued by a US consulate or adjust their status to permanent residence within the US. The USCIS takes action to deliver the green card, marking a significant milestone in the immigrant’s journey.
Although LCRs hold a green card in essence, the colloquial term “green card holder” may include both LPRs and LCRs even though the LCRs’ permanent resident status is valid for only two years, as discussed further in this article.
Navigating the Overlaps and Confusion
For example, you can only apply for a nonimmigrant or temporary visa like the B-2 visitor visa the H-1B specialty worker visa, or even the F-1 student visa at the overseas United States consulate.
However, individuals who are already in the United States legally may apply to the US Citizenship and Immigration Services (USCIS) for a ‘change of status’, for example, the student visa F-1 to a work visa H-1B. However, it is important to understand that getting approval on the status to be present in the U.S. under a new status does not mean that he or she will get the visa.
In this context, a visa, in its technical sense, is an entry document, and the only entity competent to issue it is the DOS in countries other than the United States. When an H-1B worker’s status changes, they must attend a new visa interview at a US consulate if they travel home or to another country. The consulate will then issue a physical visa, granting them re-entry into the United States.
The US consulates worldwide actively issue non-tourist visas, including immigrant visas for marriage or employment, allowing individuals to permanently reside in the US. Additionally, individuals who are already in the US legally can apply for an “Adjustment of Status”, which enables them to obtain a green card without leaving the country, as long as they meet the eligibility criteria.
However, in arriving at this conclusion, it is also crucial to point out that the people who adjust their status do not apply for a visa, however, what they get is a ‘visa number’ even though most of them may not know that they got it.
Understanding the Significance of Visa Numbers
The US government uses the term “visa” to describe the status of immigrants already in the country who don’t require an entry visa. The government also uses “visa numbers” to measure the annual limit on green cards issued through specific categories. When visa numbers become available in a particular category, US State Department officials assign and approve visa numbers for individuals residing in the US.
As such any references to “visa eligibility” or “visa availability” may not only include the visa purchased overseas but may also include the actual theoretical visa number assigned by the DOS.
Green Card Expiration and Conditional Residence
Typically, a permanent resident’s green card carries an expiration date, often set at ten years. Note that the individual’s immigration status remains valid and does not require revalidation at that time. The status of lawful permanent residence is designed to be ongoing and permanent, unless the individual takes actions that make them eligible for deportation, in which case their status can be revoked.
However, U.S. authorities require all permanent residents to renew their green cards periodically. This necessitates the submission of an application through USCIS using Form I-90.
There is a unique type of green card that possesses a definite expiration date— the green card held by lawful conditional residents. This category of green card validity spans two years. Individuals who obtain green cards through new marriages or investments, particularly under the EB-5 category, initially receive this two-year conditional residence.
As the expiration date approaches, these individuals must submit an application demonstrating their eligibility for conversion to lawful permanent residence, as opposed to conditional residence. You can find more information on this process in the article “Why Some Marriage-Based Green Cards Are Conditional.” Failure to obtain this approval can result in the loss of immigration status and the potential termination of the right to stay in the United States.
Green Cards and Frequent Travel
It is essential to understand that a green card does not function as an unrestricted travel pass. A common misconception is that green card holders can travel in and out of the United States without the need to reapply for visas.
However, this misconception has led to the practice of overseas family members of U.S. citizens or residents applying for green cards to enjoy convenient and impromptu visits. Nevertheless, the U.S. government may eventually discern that the individual’s primary residence is in another country, leading to the cancellation of their green card. Legally, this is termed as “abandonment of U.S. residence.” Consequently, the individual may need to initiate the application process anew, provided they genuinely intend to establish the United States as their primary and permanent place of residence.
Consider delaying your application for permanent resident status based on your marriage to a U.S. citizen or resident if you plan to spend extensive time in your home country or travel frequently. Only apply when you’re truly ready to settle in the United States, ensuring a smoother transition to permanent residency.
In conclusion, comprehending the distinctions between visas and green cards within the realm of U.S. immigration is essential. While visas permit temporary stays and entry into the country, green cards signify a more enduring status as lawful permanent residents. Additionally, visa numbers play a crucial role in the allocation of immigrant visas, adding a layer of complexity to the immigration process. It is imperative to stay informed about the implications of green card expiration and the associated requirements for renewal. Finally, green card holders should be aware that their status does not guarantee unrestricted travel and should carefully consider their residency plans.
