Visas and Green Cards: Frequently Asked Questions
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
should I apply for a visa extension?
Why
should I hire an immigration lawyer?
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.
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.
