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.
Primary Types of Visas
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.
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
You can apply for a nonimmigrant or temporary visa, such as the B-2 visitor visa, H-1B speciality worker visa, or F-1 student visa, only at a U.S. consulate overseas. Also, Individuals already in the United States legally can apply to the U.S. Citizenship and Immigration Services (USCIS) for a change of status, such as transitioning from an F-1 student visa to an H-1B work visa. However, approval for a new status does not guarantee that the individual will receive a visa.
A visa is an entry document, and only the Department of State (DOS) can issue it outside the United States. If an H-1B worker’s status changes, they must attend a new visa interview at a U.S. consulate if they travel home or to another country. The consulate will then issue a physical visa for re-entry into the United States.
U.S. consulates worldwide also issue non-tourist visas, including immigrant visas for marriage or employment, allowing individuals to reside permanently in the U.S. Additionally, individuals already in the U.S. can apply for an Adjustment of Status to obtain a green card without leaving the country, provided they meet eligibility criteria. It’s important to note that individuals adjusting their status do not apply for a visa; instead, they receive a visa number, which many may not realize they have.
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
A permanent resident’s green card typically has a ten-year expiration date, but the individual’s immigration status remains valid and does not require revalidation. Lawful permanent residence is intended to be ongoing and permanent unless actions are taken that lead to deportation, which can revoke the status. In addition, U.S. authorities require all permanent residents to renew their green cards periodically by applying to USCIS using Form I-90.
There is a specific type of green card with a shorter validity period: the conditional green card, which lasts for two years. Individuals who obtain green cards through new marriages or investments, such as those under the EB-5 category, initially receive this conditional status.
As the expiration date nears, these individuals must apply to demonstrate their eligibility for conversion to lawful permanent residence. Failure to obtain this approval can result in the loss of immigration status and the potential termination of the right to remain in the United States.
Green Cards and Frequent Travel
A green card is not an unrestricted travel pass. Many people mistakenly believe that green card holders can travel in and out of the United States without needing to reapply for visas.
This misconception often leads overseas family members of U.S. citizens or residents to apply for green cards for easier visits. However, the U.S. government may determine that their primary residence is in another country, resulting in the cancellation of their green card due to “abandonment of U.S. residence.” This means they would need to restart the application process if they genuinely wish to establish the U.S. as their primary home.
If you plan to spend significant time in your home country or travel frequently, consider delaying your application for permanent resident status based on marriage to a U.S. citizen or resident. Apply only when you are ready to settle in the United States for a smoother transition to permanent residency.
In summary, understanding the differences between visas and green cards is essential in U.S. immigration. Visas allow for temporary stays, while green cards signify lawful permanent resident status. Visa numbers also play a critical role in the allocation of immigrant visas, adding complexity to the immigration process. Stay informed about green card expiration and renewal requirements. Remember, green card status does not guarantee unrestricted travel, so carefully plan your residency.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Immigrant Visa or Nonimmigrant visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
