Immigralaw.com

Visas and Green Cards: Frequently Asked Questions

What is a visa?

How can I obtain a U.S. visa?

How long will it take to obtain my visa?

What rights does a green card bestow?

When do green cards expire?
Can I apply for a green card INSIDE the U.S.
if I have a valid nonimmigrant visa?

If I apply for another job in the U.S.,
must I also apply for a new visa?

Where can I apply for a visa?

How much does a visa cost?

Where should I apply for a visa extension?

Why should I hire an immigration lawyer?

How does this site work?

What is a visa?
A visa is a photo i.d. issued outside the U.S. which allows you to enter the U.S. on a temporary or permanent basis. The two main types of visas are immigrant (permanent residency) visas (also known as green cards), which let you live and work indefinitely INSide the U.S., and non-immigrant visas, which allow you to live and/or work in the U.S. on a temporary basis. If you apply INSide the U.S. you can receive a non-immigrant status but not a visa. Only a visa gives to the right to enter the U.S. As an example, if you decided to travel outside the U.S. with a valid status you would have to reapply for a visa in order to re-enter.

How can I obtain a US visa?
There are a variety of ways to obtain a visa, but the most common are through a U.S.-based employer sponsor or a family member who is a U.S. citizen. Most work visas require you to have a firm job offer with a U.S. company before applying. If you are a highly-skilled professional, it may be easier for you to find work in the U.S. than if you are an unskilled worker. If you are being persecuted in your home country it may be possible to obtain refugee or temporary protected status. Read about the various visa categories to see which visa may suit your situation and check our career links page to find online U.S. job resources.

How long will it take to obtain my visa?
The visa application process varies widely among different types and categories. Some types of non-immigrant visas, like J-1 exchange visitor visas, can be applied for and issued in one day, while others, like H-1B visas and L-1 visas may take several months to process. Many immigrant visas, on the other hand, carry quotas which may cause the processing of your application to be delayed for years at a time. For example, some types of green card applications from the Phillippines are backlogged ten years or more. For more info, view the "Priority Date" charts.

What rights does a green card bestow?
A "green card", also known as an "alien registration receipt card" and as Form I-551 or its older version Form I-151, gives you the right to live and work legally in the U.S. and to travel freely outside the U.S. as long as you make the U.S. your permanent home, do not commit any deportable crimes, and report all income to the U.S. government.

When do green cards expire?
All green cards carry an expiration date after ten years of issue, after which they must be renewed, or you may apply to become a U.S. citizen.

Can I apply for a green card in the U.S. if I have a valid nonimmigrant visa?
Nonimmigrant visas are issued only after you can show that you do not intend to stay within the U.S. beyond your approved length of stay. If you apply for a green card or permanent residency status while possessing a nonimmigrant visa, your visa may be taken away from you unless you can show that you did not intend to do so when you applied for your temporary visa.
Exceptions to this rule include: If you possess a nonimmigrant employment visa and you apply for a green card, you must use another employer to petition for you.

If I apply for a new job in the U.S. while possessing a current H-1B visa, must I also apply for a new visa?
At
present, the holder of a current H-1B work visa who changes jobs or employment must obtain a new or amended H-1B visa before starting work with a new job or employer. Since it can take at least 3-4 months to complete this process, there is mounting pressure by employee advocacy groups and tech industry groups to alleviate this restriction. See the Visa Updates section for ongoing developments in this area.

Where can I apply for a visa?
You may apply for a visa either at a U.S. embassy or consulate in your home country, or in rare cases, at the U.S. embassy in a third country where your home country lacks diplomatic relations within the U.S.

If you are already within the U.S. you may apply for immigrant or nonimmigrant visas at the regionalBCIS (formerly INS) office nearest you or your employer but must travel outside the U.S. to actually receive your visa. If you do not intend to travel outside the U.S. during the duration of your visa, you may apply for a green card or nonimmigrant status without leaving the U.S. but a visa will not be issued to you.

How much does a visa cost?
Immigrant visa applications currently cost $260 per individual application and $65 for issuance.

Nonimmigrant visas can range widely in price depending on the particular visa. Please contact Immigralaw.com for more information. Also, visa costs change from time to time. Bookmark this page to keep up-to-date on costs.

Where should I apply for a visa extension?
Visa extensions are best handled in the U.S. since visa stamps can be extended within U.S. borders.

Extensions vary according to the type of visa:

  • H-1B visas may be extended up to 3 years
  • B-1, B-2 visitor/student visas may be extended up to 6 months at a time
  • E-1, E-2 treaty trader and investor visas may be extended up to 5 years at a time
  • Visa Waivers may not be extended

Why should I hire an immigration lawyer?
Because of the complexity of immigration law it is often difficult for laypersons to determine which visa might be best for their particular situation. For example, one type of family preference visa might be faster to obtain but might prevent you from bringing relatives into the U.S. A lawyer can actually save you time and money by looking at your needs and ensuring the visa you apply for is right for your situation. An attorney can also make sure your application is as complete and thorough as possible. Incomplete applications may result in untimely delays or even a rejection of your application.

How does this site work?
Each type of visa described on this site is linked to its own contact form. After you answer all the questions and submit the form online, we will review your information and will contact you by email to explain the options that may be available to you. At that point, you will have the option of arranging a telephone consultation to discuss your case. Your first consultation is free.