New York Immigrant Visa Attorney
What is an Immigrant Visa?
You might think that all visas are the same, or that it should be easy to obtain a visa or you might just not know under what visa to apply for. There are two categories of U.S. Visas: Immigrant Visa and Nonimmigrant Visa.
A visa is for a citizen of a foreign country (not the U.S.) and it's important to remember that the visa simply indicates that your application has been reviewed by an U.S. consular officer at an American embassy or consulate and the consular officer has determined that you're eligible to enter the U.S. for a specific purpose. The Consular affairs are the responsibility of the U.S. Department of State.
Remember that the visa only allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. The immigration officer is the one who has the authority to permit you to enter the United States. The immigration officer decides how long you can stay for the particular reason that you are visiting. Obtaining a visa is very delicate immigration matter that is the soul responsibility of the U.S. Department of Homeland Security
There are two categories of U.S. Visas:
Immigrant Visa and Nonimmigrant Visa
The Immigrant visas are for people who intend to live permanently in the United States. The nonimmigrant visa is for people with paramagnet residence outside the U.S. but who wish to go to the U.S. on a temporary basis. For example: tourism, medical treatment, business, temporary work, or study.
In the end, the US law requires that people who are applying for the nonimmigrant visas provide evidence that they don't intend to immigrate to the United States (stay illegally when the visa expires). It is up to the consular officers at the U.S. embassies and consulates to determine eligibility on an individual basis on the merits of each case.
Even when providing requested documents does not guarantee that you will receive a visa. There is no entitlement to a visa.
Not all visa application cases are the same because each person's personal situation is different; people applying for the same visa may be asked different questions and be required to submit different documents. U.S. Law states that the authority to issue or refuse visas is vested solely in consular offices abroad. Consular officers have the authority to decide whether the evidence submitted in support of an application is sufficient to establish an applicant's eligibility for a visa. Consular officers may request additional information or documentation depending on their assessment of each person's situation.
In order for an immigrant to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Immediate Relatives are not subject to numerical limits under immigration law. For an overview of the types of immigrant visas available under immigration law.
Immigrant visas are drawn from countries with low rates of immigration to the US.
Visa Types for Immigrants:
Adopting a Child
Marriage to a Foreign National
Diversity Visa Program
Thinking of applying for a U.S. visa?
Don't wait long to apply...
Recently, there have been changes in the U.S. visa laws and regulations; the amount of time to obtain a visa has increased. From the recent hard times that the country has faced and is facing the security measures are being improved and getting stricter, more background checks are being required that lengthen the visa application process but ensure the safety of visitors and of U.S. citizens.
There are significant improvements being made on the time it takes to obtain a visa but it is inevitable the delays will sometimes occur. Processing times will vary. Your best option is to contact your nearest embassy and or consulate for the current time estimate and planning recommendations.