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FREQUENTLY-ASKED QUESTIONS – AND ANSWERS – ON IMMIGRATION TO THE UNITED STATES
These FAQs have been compiled as a guide to new visitors in the United States and those who are thinking of planning to become permanent residents or naturalized U.S. citizens by going through the legal system. These questions and answers are quite general in nature and should not be interpreted as providing legal advice. Immigration laws and regulations change frequently, so we always encourage immigrants to get a legal advice from an experienced attorney. There are many members of the American Immigration Lawyers Association near your area who can provide you a competent legal counsel on your immigration problems.
What is the difference between a visa and a "Green Card?" What is a green card and why was it called as such?
A visa is for temporary residency and a Green Card is for permanent residency, not citizenship.
Read more about green card by clicking the Ask the Experts column or Our Immigration Columnists on this website.
The green card is not green. It resembles a driver's license and the official title is now “Permanent Resident Card.” It used to be called “Alien Resident Card” but may have been changed for political correctness. “Greencard” actually came in a variety of different colors at different times in its history. It was formally called by immigration officials as the Alien Registration Receipt Card, Form I-151.
In April 1951, immigration authorities released Form I-151. It was green in color. It was only issued to Lawful Permanent residents and it represented security to its holder, indicating his or her right to permanently live and work in the United States . But because of its cumbersome official name, immigration attorneys and law-enforcement officers began referring to it by its color.
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“Green card” became a desirable item for undocumented immigrants and counterfeit versions began sprouting around the country.
Eventually, the Immigration and Naturalization Service (INS) issued different versions. One design, issued in 1964, changed the color of the card to blue. After 1965, it was dark blue. Between its introduction in the early 1940s and its complete revision in 1977, the INS issued at least 19 different designs to a simple card that bestows to its named holder the benefits that undocumented immigrants do not have.
In January 1977, the INS released a high-tech Alien Registration Receipt Card Form I-551. It has been issued in several colors, including pink or rose and a combination of pink and blue. Despite the changes in colors, it will probably still be known as a green card.
GREEN CARD ON BLACK MARKET
In April 1998, the Immigration and Naturalization Service brought out a high-tech green card. It features holograms and micro-dot portraits of all the nation's presidents. It was the government's way of frustrating counterfeiters who sell fake green cards. On the street fakes can go for as little as $35 or as much as $15,000, officials said.
I have no immigration papers. If ICE finds me, can they deport me right away?
Generally speaking, if you have never been caught by agents from the Immigration and Customs Enforcement (ICE), they cannot deport you right away. Currently, immigration officials can start a case in Immigration Court against anyone they catch in the U.S. without valid immigration papers, if this person has never had a case against her or him before in Immigration Court . This kind of case is called “removal proceedings” because ICE is saying that they have the right to “remove” or deport this person from the country. The person in removal proceedings will have a hearing in Immigration Court . Under most circumstances, ICE cannot just put a person it finds on a plane to her or his home country without the person having a hearing in front of an Immigration Judge first, unless they have already received a deportation order or been deported in the past.
What is a visa?
A visa is simply a stamp placed in a person's passport by a U. S. Consulate. These Consulates are located outside of the U.S. , and an individual must obtain the stamp, or visa, before leaving for the U.S. Citizens of most countries require a visa to enter the United States .
At the U.S. port of entry, the immigration officer stamps the individual's I-94 Form with the corresponding alphabetic designation. A visa is a permit to cross the border. Once across, the I-94 Form is the permit, but the I-94 Form is not a visa. The visa can be a non-immigrant or immigrant visa. A visa does not guarantee entry into the U.S. In general, a visa merely allows a foreign citizen to travel to a U.S. port of entry and request permission from a Customs and Border Protection Inspector of the Department of Homeland Security to enter the U.S. , but the inspector has the authority to admit or reject request to enter the country. He or she also decides how long you may stay for the particular visit.
A non-immigrant is someone who is granted entry into the United States on a temporary basis. Likewise, an immigrant is an individual who intends to reside in the U.S. permanently. If a person in the United States is not a non-immigrant or an immigrant, the individual must be a U.S. citizen.
What is the difference between an immigrant and non-immigrant visa?
An immigrant visa allows the visa holder to work and live permanently in the United States as a lawful permanent resident (also known as a “green card” holder). A non-immigrant visa allows the visa holder to stay in the U.S. for a limited period of time, and for a limited purpose. For example: for study, medical treatment, tourism, or business.
The visas utilized in contract staffing are the non-immigrant visa classifications. In order to facilitate staffing needs of U.S. companies, many individuals are issued temporary business visas to work in the U.S. Although there are many different types of visas, some of the more common visas are briefly discussed below.
Common Terms and Visa Classifications
B-1 or B-2: The B-visa is the most common visa issued by the United States Consulates. Generally, a B-1 visitor visa is appropriate for travels to the U.S. to:
- Attend a scientific, educational, professional or business convention, or conference
- Consult with business associates
- Negotiate a contract
- Participate in short-term training
- Settle an estate
The B-1 visa is used for specific categories of business in the United States , while the B-2 visa is issued to tourists or visitors for pleasure. In neither case may the holder of the visa engage in activities which will result in financial compensation unless it is paid from abroad.
What is a B-1/B-2 Visa?
B-1/B-2 visa allows individuals to enter the U.S. in either B-1 (Business) status or B-2 (Tourist) status. Although individuals receive a visa denoting "B-1/B-2" (usually valid for 10 years), on each visit to the U.S. they will be admitted in either B-1 (Business) status or B-2 (Tourist) status as indicated on the I-94 card they receive at the U.S. border. Holders of the B visa will be admitted to the U.S. for 30 days. If visitors are able to explain why their visit requires a longer stay, they may be granted admission for up to six months. This is a "self sponsored" visa status so the individual is responsible for obtaining the visa on their own.
E-1: The E-1, or Treaty Investor visa is issued for individuals on extended stay in the U.S. for overseeing or working for an enterprise in the U.S. that is engaged in trade between the U.S. and a treaty country or a country that represents a major investment in the U.S.
F-1: This visa is available to persons seeking to enter the United States for the purpose of engaging in a full-time academic program. While a foreign student is participating in a full-time academic program, or immediately upon graduation, the student may apply for a period of practical training. The F-1 status is issued for a foreign national who is "a bona fide student qualified to pursue a full course of study" at an academic or language institution authorized to admit foreign students.
The requirements are essentially that the practical training must be related to the course of study the student is pursuing. The school will certify that the sought after practical training will benefit academic training as well. Most schools have a student advisor to assist foreign students with all the required paperwork. The practical training period lasts 12 months
What is H-1B status?
The H-1B status is used to employ a foreign national in a "Specialty Occupation" for period of up to six years. A specialty occupation is defined as "an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States ."
This is one of the most important non-immigrant visas available to qualified foreigners who want to come to the United States to perform services in a "Specialty Occupation." Specialty occupation is defined as an occupation which requires theoretical and practical application of highly specialized knowledge in such fields as architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. It also requires at least a bachelor's degree or higher in the specific specialty or its equivalent.
L-1: The L-1 visa is one of the most flexible and sought-after temporary visas which provides for employment. The purpose of the L-1 visa is to facilitate in the transfer of key employees to the United States from companies that are affiliated with or related to United States corporations. The prior employer/foreign company must be related to the United States company, either as a subsidiary, affiliate or division.
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