What is the difference between immigrant visas and non-immigrant visas? To live and work in the U.S. permanently, you may seek an immigrant visa, while a non-immigrant visa is for individuals entering the U.S. for a limited period. There are other differences between immigrant and non-immigrant visas that are important to understand when determining which to seek.
For help with the application process when applying for an immigrant or non-immigrant visa, reach out to the experienced immigration attorneys in Chicago, IL, at Khalaf & Abuzir, LLC by calling (708) 233-1122.
Immigrant Visas
You would apply for an immigrant visa if you want to enter the U.S. and live or work in the country as a permanent resident. This type of visa is also called a green card, and enables people to remain in the U.S. as lawful permanent residents (LPRs) or eventually naturalized citizens, granting them the benefits of residency in this country.
There are various types of green cards, such as a K-1 visa for fiancées of American citizens who want to live in the U.S. with their future spouses, along with an E-2 visa for workers who want permanent residency.
With a green card, LPRs can experience the benefits of living in the U.S., such as:
- The ability to get involved in political campaigns
- Receive social security
- Freely travel abroad and re-enter the U.S.
- Marry their spouse in the U.S.
Individuals with green cards may also eventually apply to become U.S. citizens, which comes with even more benefits for immigrants if they want to establish the country as their home.
According to U.S. Citizenship and Immigration Services (USCIS), the government makes around 140,000 immigrant visas available every year to immigrants.
Non-Immigrant Visas
If you don’t intend on living in the U.S. permanently, you can apply for non-immigrant visas. With these visas, you can live and work in the country for a limited time.
There are different purposes for applying for a non-immigrant visa. For instance, you might want to obtain an H-1B1 visa if you want to work in the U.S. as a Free Trade Agreement (FTA) professional from China or Singapore. Meanwhile, an athlete would apply for a B-1 visa to enter the country for to participate in a sporting event, while a B-2 visa would allow someone to enter the country as a tourist or vacationer.
Once the non-immigrant visa expires, individuals would need to either extend or renew their visas to remain in the U.S.
What Are the Key Differences Between Immigrant and Non-Immigrant Visas?
When deciding between an immigrant and a non-immigrant visa, there are critical differences to consider. These include:
The Reason for Applying
The first thing to consider is your purpose for entering the U.S. If you want to live and work in the U.S. on a permanent basis, you need to apply for an immigrant visa. If you intend on returning to your country of origin after a certain amount of time, seek a non-immigrant visa.
The Ability to Gain Citizenship
If you eventually want to become a U.S. citizen, you should apply for an immigrant visa, which could provide you with a green card. Only green card holders can apply for citizenship through naturalization. Citizenship offers numerous benefits, such as the ability to avoid deportation, the right to public education, the chance to gain federal employment, and the right to vote in elections.
Employment Abilities
Although you can work in the U.S. with a non-immigrant visa, these visas limit your ability to work based on specific circumstances. For instance, an employer may sponsor you on an H-1B visa for help based on your qualifications for a limited time. Conversely, an immigrant visa would give you the ability to freely gain employment on a permanent basis.
The Length and Complexity of the Application Process
Another factor to consider is the application process. With immigrant visas, the application and approval process will generally take longer and involve more steps because of the stakes involved. The U.S. government will ensure that you’re entering the country on good faith and that you qualify to gain permanent residency.
Non-immigrant visas, on the other hand, may not take as long to apply for and come with fewer requirements.
The Cost
The more stringent requirements for immigrant visas will also lead to higher overall costs than non-immigrant visas. The application fee for immigrant visas is higher, and you will need to pay additional fees on top of this.
How an Attorney Can Help Obtain an Immigrant or Non-Immigrant Visa
Whether you’re seeking an immigrant or non-immigrant visa to enter the U.S., you may benefit from the help of an immigrant lawyer. An immigrant lawyer with experience handling your visa type could help you gather all the necessary paperwork and navigate the application process, potentially helping you expedite your application.
For example, H-1B visa lawyers have knowledge around work-related visas and can help you meet all requirements and obtain all necessary documentation to get your worker visa. To become an LPR with the help of your fiancée as a sponsor, you would alternatively apply for a K-1 visa with a lawyer to simplify the process.
In addition to helping you with your initial application, there are other benefits of working with an immigrant visa. These legal professionals can assist with appealing an application denial, renewing or extending a visa, or representing you in court during removal and deportation hearings, among other legal issues.
Knowing the differences between immigrant and non-immigrant visas can help you figure out which to apply for and what the immigration process will involve. With an attorney by your side, you can gain an even deeper understanding of the requirements and your qualifications, with some guidance to keep the application process consistently smooth.
Contact us today at Khalaf & Abuzir, LLC, to consult with a trusted immigration attorney in Chicago, IL.
