Immigration laws regulate how an individual who is from another country may qualify for a visa, and under what circumstances that they could be deported. There are many different types of temporary and permanent visas; depending on the purpose for a person’s entry into the United States, there will generally be a visa that suits their needs.
People who are already in the United States must abide by immigration laws. Many immigrants who are already legally residing in the United States have a green card, or a permanent visa.
Immigration terminology, such as a “visa” and a “green card,” are often used interchangeably. It is also common for these terms to be used in ways which differ from their original meanings. However, these terms refer to two different things.
A visa is what provides a person with the right to legally enter into the United States. It is a physical stamp that a person receives on their passport, or an equivalent document. A visa is generally associated with entry into the United States, although the term also refers to a category in which a person comes to the United States for a temporary stay. An example of this would be a student visa, or a temporary worker visa.
The term “green card” is a colloquial term that refers to the process of obtaining United States citizenship, rather than simply entering into the country. Additionally, the term “green card application” may refer to the process associated with immigration, including an adjustment of status or naturalization.
The emphasis of a green card is placed on citizenship and residency status, as opposed to admissibility into the United States. Physically, a green card is a plastic photo identification card that a person receives when they are granted lawful permanent resident status. It is important to note that a green card is also known as a permanent visa, although the term “visa” generally refers to temporary visa categories. This difference may provide some clarification regarding these terms.
A person who is immigrating to the United States may be eligible for multiple types of visas. The type of visa that a person applies for will largely depend on whether they intend to stay permanently, or for a short amount of time.
What Are Temporary Visas?
To reiterate, U.S. immigration law defines an immigrant visa as a specific type of visa document which allows a foreign national to enter into the U.S. This also allows them to eventually apply for lawful permanent residency. Lawful permanent residents are most commonly given the same rights as natural-born citizens, such as the right to work in the country and the right to pursue citizenship.
Immigrant visas can be categorized into three broad categories. Generally speaking, a person who is seeking an immigrant visa must find another person or organization who will petition them to relocate to the U.S. This is why immigrant visas are generally categorized according to the applicant’s relationship to their petitioner.
The three types of immigrant visa categories are:
- Family-Based: The petitioner is somehow related to the applicant. The petitioners may include immediate relatives, close family members, fiancés, and other people who are willing to help the applicant receive their visa;
- Employment-Based: Employers may act as a petitioner in order to petition a worker to relocate permanently to the United States. However, it is important to note that for some employment-based immigration visas, work certification may be required. What this means is that the employer will need to verify that the person is filling a legitimate employment need; and
- Special Immigrants: This category generally covers all other types of applicants. An example of special immigrants as employees would be religious workers, or applicants who are from selected countries.
Immigrant visas are also characterized by the applicant’s general intent to permanently relocate to the United States, which is in contrast to other types of non-immigrant visas in which the applicant only intends to stay temporarily. An example of this would be student visas, or temporary work visas.
Simply put, an applicant for nonimmigrant status must prove that they do not intend to stay or live permanently in the United States. Additionally, there are specific factors which may exclude an applicant from receiving a non-immigrant visa. An example of this would be a criminal felony record.
What Is An O-3 Visa?
The O-3 visa is what allows the dependents of an O-1 or O-2 visa holder to accompany them during their stay in the U.S. Similar to other family or dependent visas, the status of an O-3 visa holder depends entirely upon the status of the principal O visa holder. What this means is that if the visa of the principal O visa holder expires, then so do the visas of their dependents who are here on O-3 visas.
To further clarify, the O-3 visa is available to the spouse and dependent children (under 21 years old) of an O-1 or O-2 visa holder. All of the privileges that are associated with those visas are available to those with an O-3 visa. What this means is that an O-3 visa holder is not under any travel restrictions, which allows them to travel anywhere within the United States. This also allows them to leave and re-enter the country while the visa remains valid.
Because the valid term of a dependent visa is directly associated with the valid term of the principal visa, an O-3 visa can last for an initial term of three years. It can then be extended on a yearly basis, and without limit.
What Else Should I Know About Temporary Visa Laws?
Some immigrants may be permitted to enter the United States without going through the regular visa application procedures. This is referred to as a visa waiver.
Some examples of the criteria for obtaining a visa waiver include, but may not be limited to:
- The recipient’s stay in the country must amount to ninety days or less;
- The immigrant must be a citizen of a specified visa waiver country;
- All waiver recipients must possess a valid passport;
- Immigrants are generally required to provide a round trip ticket with their return date, as proof of their intention to stay temporarily and not permanently; and
- Recipients must complete certain forms as required by the Bureau of Citizenship, as well as Immigration Services.
No matter the visa that is being sought, whether temporary or nonimmigrant, you will be subject to a maximum length of stay in the United States. This is because these visas are issued for a limited length of stay, as was previously mentioned. As such, if the Bureau of Citizenship and Immigration Services have reason to believe that you intend on staying past that date, they have the authority to revoke your temporary visa.
In order to obtain any kind of visa, whether permanent or temporary, you must first schedule an appointment for a visa interview at a U.S Embassy or Consulate of your country. Alternatively, this appointment may take place at any U.S Embassy or Consulate. However, it is generally best to schedule an appointment in the country of your permanent stay.
Do I Need A Lawyer For An O-3 Visa?
If you need help with a visa application, an experienced immigration lawyer can help you fill out the necessary paperwork, and explain the process of obtaining an O-3 visa. Additionally, an attorney will also be able to represent you in court, as needed, should any legal issues arise.
