A visa is a document issued by the United States federal government. An individual who seeks entry into the United States applies for a visa. There are different visas for different purposes. The application process can be confusing for individuals seeking entry into the United States. It is helpful to be familiar with some important visa terms and phrases:
Abroad: Outside the continental U.S., Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
Acquired citizenship: Citizenship is conferred at birth to children born abroad to a U.S. citizen parent(s).
Adjustment of Status: Adjustment of status is a process through which someone present in the U.S. can apply for lawful permanent resident status. Lawful permanent resident status is referred to as “Green Card” status.
Adjustment to Immigrant Status: This process allows non-immigrants, refugees, or parolees already in the United States to change their status to lawful permanent residence if:
- They are eligible to receive an immigrant visa; and
- An immigrant visa is readily available.
Conditional residence visa: This type of visa allows the spouse of a U.S. citizen to reside in the U.S. after the spouse has been granted lawful permanent resident status. A conditional green card is a temporary, 2-year green card issued to recently-married immigrants. If you get your green card through marriage and are married to a citizen spouse for two years or less, you will receive a conditional green card.
Diversity visa program: This program provides for the immigration to the U.S. of up to 55,000 immigrants from designated countries. An applicant must have been born in a country that has sent less than 50,000 immigrants to the U.S. during the past five years to qualify. Diversity visas are otherwise awarded on a random basis.
Immigrant visa: An Immigrant visa is issued to foreign nationals who intend to reside in the United States permanently.
Immigration and Nationality Act (INA): This act of Congress sets rules for the immigration, temporary admission, naturalization, and removal (deportation) of non-citizens.
(U.S.) Immigration Customs and Enforcement: This agency, abbreviated as “ICE,” is an agency of the Department of Homeland Security (DHS). ICE enforces immigration and customs laws.
Lawful permanent resident: A lawful permanent resident is someone who may work and live in the U.S. permanently. A lawful permanent resident is not a citizen but may be eligible for citizenship.
National of the United States: This includes a person who is not a citizen of the United States but who owes permanent and sole allegiance to the United States (for example, persons born in American Samoa or Swains Island).
Naturalization: The process by which an immigrant becomes a citizen.
Non-citizen: Any individual who is not a citizen or national of the United States.
Non-immigrant visa: A visa for a foreign national seeking to enter the U.S. temporarily. Grounds for issuance of a non-immigrant visa include tourism, business, medical treatment, and temporary work.
Re-entry permit: Permanent or conditional residents should apply for a re-entry permit if they are outside the United States for one year or more. A valid re-entry permit allows someone to apply for admission to the U.S. without having to obtain a returning resident visa from a U.S. Embassy or Consulate.
Refugee: A refugee is someone who seeks entry to the U.S. because of certain conditions in their home country. These conditions must be such that applicants have a well-founded fear of physical harm or persecution should they return to their home country. You must be located outside the United States to qualify as a refugee.
The reason for persecution must be related to one of five things: race, religion, nationality, membership in a particular social group, or political opinion. Someone who meets these criteria may be permitted entry as a refugee, provided the person has not already resettled in another country.
Removal: Removal, formerly called deportation, is the formal removal of a non-citizen from the United States when that person is removable for violating immigration laws.
Returning resident visa: A permanent resident who has remained outside the United States for longer than one year must obtain a new immigrant visa, called a returning resident visa, to re-enter the U.S. and resume permanent residence. The returning resident visa is known as the SB-1 visa.
Special Immigrant Visa: A special immigrant is a non-citizen who qualifies for a Green Card (permanent residence) after meeting certain criteria. Individuals eligible for this visa include (among others):
- Persons who lost citizenship by marriage;
- Persons who lost their citizenship by serving in foreign armed forces;
- Ministers of religion and other religious workers, their spouses, and children;
- Certain employees and former employees of the U.S. government abroad and their spouses and children;
- Certain foreign medical school graduates and their spouses and children;
- Certain retired employees of international organizations and their spouses and children;
- Juvenile court dependents; and
- Certain non-citizens serving in the U.S. armed forces and their spouses and children.
Temporary Protection Visa: This visa is given to asylum seekers who are found to need protection. Temporary protection is for three years.
Temporary Worker Visa: A visa for someone who wants to enter the United States for employment lasting a fixed period. Temporary worker visa categories include:
- H-1B: Person in Specialty Occupation. This visa is issued to enable the individual to work in a specialty occupation, such as government-to-government research and development or co-production projects administered by the Department of Defense.
- H-2A: Temporary Agricultural Worker. This visa is issued for seasonal or temporary agricultural work. It is generally limited to citizens or nationals of specific countries.
- H-2B: Temporary Non-agricultural Worker. This visa is issued for temporary or seasonal non-agricultural work. It is generally limited to citizens or nationals of designated countries.
- H-3: Trainee or Special Education visitor. This visa is issued to someone who can receive training (other than graduate medical or academic training) not available in their home country. The H-3 is also issued to those who seek to participate in practical training programs educating children with mental or physical disabilities.
- Intracompany Transferee. This visa enables one to work at a branch, parent, affiliate, or subsidiary of their current employer in a managerial or executive capacity or in a position requiring specialized knowledge.
- O: Individual with Extraordinary Ability or Achievement. This visa is issued to an individual with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields.
- P-1 Individual or Team Athlete, or Member of an Entertainment Group. This visa is issued to enable someone to perform at a specific athletic competition as an athlete or as a member of an entertainment group.
- P-2: Artist or Entertainer (Individual or Group. This visa allows performance under a reciprocal exchange program between an organization in the United States and an organization in another country.
- P-3: Artist or Entertainer (Individual or Group). This visa is issued to those who wish to perform, teach or coach under a culturally unique program or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.
- Q-1: Participant in an International Cultural Exchange Program.This visa is used for practical training and employment and for sharing the history, culture, and traditions of one’s home country through participation in an international cultural exchange program.
Visa: A document issued by the U.S. Government that allows individuals to enter the United States.
Visa Waiver Program: A program that allows citizens of certain selected countries who are traveling temporarily to the United States under the non-immigrant admission classes of visitors for pleasure and visitors for business to enter the United States without having to obtain non-immigrant visas.
