A visa generally allows a foreign national to travel to a U.S. port of entry and request admission to the United States for a particular purpose. The type of visa a person needs depends on the reason for coming to the United States and whether the intended stay is temporary or permanent.
U.S. visas generally fall into two broad categories: immigrant visas, for individuals seeking to live permanently in the United States, and nonimmigrant visas, for individuals coming to the United States temporarily.
Individuals who qualify for permanent residence but are living outside the United States generally apply for an immigrant visa through consular processing.
Immigrant visas may be available through family relationships, employment, the Diversity Visa Program and certain other immigration categories. For many family- and employment-based cases, the process includes filing an underlying petition with U.S. Citizenship and Immigration Services (USCIS), followed by visa processing through the U.S. Department of State and an interview at a U.S. embassy or consulate.
Once the underlying petition is approved and an immigrant visa is available, when required, the case generally proceeds through the National Visa Center (NVC) before an immigrant visa interview is scheduled at a U.S. embassy or consulate.
After an immigrant visa is issued, the individual generally becomes a lawful permanent resident upon admission to the United States using that visa.
Nonimmigrant visas allow foreign nationals to come to the United States temporarily for a particular purpose. Depending on the visa category, that purpose may include tourism, study, employment, business activities, or joining a family member in the United States.
Each visa category has its own eligibility requirements, restrictions, and period of authorized stay. Some require a petition or sponsorship by a U.S. employer, school, family member, or other qualifying organization, while others allow the foreign national to apply directly for the visa.
A U.S. citizen who is engaged to a foreign national may be able to petition for a K-1 fiancé(e) visa, which allows the foreign national fiancé(e) to enter the United States for the purpose of marrying the U.S. citizen petitioner.
The couple must generally marry within 90 days of the foreign national's admission to the United States. After the marriage, the foreign national spouse may apply for permanent residence through adjustment of status.
Although the K-1 is classified as a nonimmigrant visa, it differs from most temporary visa categories because it is specifically intended for a fiancé(e) who plans to marry a U.S. citizen and apply for permanent residence in the United States.
U.S. immigration law provides several temporary visa options for foreign nationals coming to the United States for employment. Eligibility depends on the type of work, the individual's qualifications, and the specific visa category, and many employment-based visas require sponsorship by a U.S. employer.
Foreign nationals may be able to come to the United States temporarily to study or participate in qualifying exchange programs. The requirements and restrictions vary depending on the visa category and program, and some exchange visitors may be subject to additional requirements, including the two-year foreign residence requirement.
Visitor visas allow eligible foreign nationals to seek temporary admission to the United States for certain business or tourism purposes. Visitor visas do not authorize permanent residence or unrestricted employment in the United States, and applicants must meet the requirements of the applicable visa category.
Qualifying for a particular visa category does not necessarily mean that a visa will be issued or that an individual will be admitted to the United States.
Prior overstays, unlawful presence, immigration violations, fraud or misrepresentation, criminal history, prior visa denials, removal or deportation history, and other grounds of inadmissibility may affect visa eligibility.
Depending on the circumstances, a waiver may be available for certain grounds of inadmissibility.
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