A person who is not a citizen of the United States wishing to travel temporarily to the United States or live presently in the United States has a myriad of choices as well as a number of obstacles to overcome. Generally, a person comes to the United States on a visa obtained at a U.S. consular post abroad which can be temporary "non-immigrant" visas or a permanent "immigrant" visas. Visas may be obtained based upon a family relationship or a business need. Persons from specified countries (mostly European Union countries) can travel to the U.S. on what is known as the visa waiver program. Under this program, one does not have to go to a consular post and obtain a visa but simply use his passport to travel temporarily to visit the United States.
Employment Visas and Family Members
For almost all employment based non-immigrant visa categories, family members of the person who obtains the visa privilege may also receive a visa to accompany the principle alien visa holder, but generally those people do not receive work authorization, as does the principle alien, unless they can independently qualify for an employment visa.
Business Visas
The visas available for business purposes are numerous, complex and difficult to obtain. Non-immigrant (temporary) business visa categories vary from those available for a temporary visitor for business where no employment is allowed to specialty occupation visas which are good for three (3) years and renewable for a maximum of six (6) years. There are also treaty trader and investment visas. These require the visa holder to perform business in the U.S. directly or to invest in an American enterprise, respectively. Other types of non-immigrant temporary visas include student visas, temporary worker visas, foreign government employees visas (including ambassadors, consuls, their immediate families and staff), performing entertainers and athlete visas, extraordinary ability visas for persons in sciences, arts, businesses and athletics, cultural exchange visitor visas, and a host of other categories.
Immigrant Issues Upon Entry to the U.S.
Obtaining a visa does not complete the immigration process. Visa holders must understand the rules for entering the United States in non-immigrant status and properly answer questions that arise when they present to the U.S. Customs and Border Protection officials (CBP) where they enter. To cross the border, Visa holders must show CBP they intend to comply with rules applicable to their particular visa category and will not overstay. When CBP admits a foreign national, it issues a small card known as the "I-94" departure record. It has the CBP official’s notation which dictates the time allowed in the United States.
The CBP official has the discretion to refuse a person’s entry and, under some circumstances, can even bar him or her from returning to the United States for a period of time. It is very important foreign workers be prepared when they arrive at a port of entry so they can accurately and concisely discuss with CBP why they are seeking entry into the United States.
Family Based Immigration and Visas
Family based immigration is usually limited to immediate relatives of U. S. citizens and permanent resident aliens including a spouse, parent, unmarried children and step-children under age 21. The various classes of relatives are broken into what is known as preferences. The first class is known as first preference and includes unmarried sons or daughters over age 21 of a U.S. citizen. The second preference includes children under age 21 of lawful permanent resident aliens (LPR’s). Spouses of a LPR are also in the second preference as well as unmarried sons and daughters over age 21. The third preference includes married sons and daughters of U.S. citizens and, finally, the fourth preference class includes brothers and sisters of U. S. citizens, provided the citizen is 21 years of age or older.
The preference category determines the wait time for family based immigration visas. Wait times can vary from an immediately available visa to waits exceeding twenty (20) years.
What Happens if an Immigrant Overstays a Visa?
The consequences of overstaying one’s I-94 departure date can be severe. Overstaying jeopardizes the ability of an individual to enter the United States in the future. Individuals who overstay for more than 180 days can be barred from entering the United States for three (3) years. Overstays of more than one year carry even greater penalty. Not only can an individual be barred from coming back into the United States for ten (10) years, they may also be barred from changing their status from non-immigrant to immigrant, permanent residence status.
The above is just a basic introduction to the complex subject of U.S. immigration. It is always a good idea to speak with an immigration professional such as an immigration lawyer to further review and help select the appropriate type of visa for your particular situation. Many people think that because they heard “a friend did this or that,” it will apply to their situation. A small difference in the facts can make a huge difference in the potential outcome of a visa application. Always consider consulting with an immigration professional prior to making a choice which may have unintended consequences.
For further information, please contact Ludwig & Associates, P. A., Jacksonville, Florida, Immigration Attorneys, at 904-281-0145, or click here to contact me now.
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