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There are a variety of visas issued by the United States government, each with its own distinct function. The purpose of your intended travel will determine the type of visa required. When reviewing the various visa options available to an individual, it is important to note that the Department of State separates visas into two different categories: nonimmigrant and immigrant.
Nonimmigrant visas are issued to individuals whose intention is to remain in the United States on a temporary basis. Conversely, immigrant visas are issued to those individuals with the intention of remaining in the United States on a permanent basis. Understanding the difference in visa categorization is extremely important, as an individual may have their visa denied or revoked if their behavior is contrary to the “intent” of the visa. For example, an individual who is issued a nonimmigrant visa will be stripped of the visa if there is any indication that the individual intends to remain in the United States permanently. Moreover, an individual may be charged with visa fraud if it is determined that there was a “preconceived intent” to remain in the United States permanently. This is generally seen in the context of an individual who enters the United States on a tourist visa, marries a United States citizen, and applies for legal permanent residency shortly thereafter.
A number of nonimmigrant visas, however, while temporary, also allow for the option of applying for legal permanent residency in the future. These visas are classified as dual intent visas.
The following is a sample of different types of visas, with a brief description of their purpose.
Description | Visa |
---|---|
Foreign government officials and families: other foreign government officials or employees | A-2 |
Foreign government officials and families: attendants, servants, or personal employees of A-1 and A-2 classes | A-3 |
Temporary visitors: for business | B-1 |
Temporary visitors: for pleasure | B-2 |
Transit aliens: aliens in transit | C-1 |
Transit aliens: aliens in transit to the United Nations | C-2 |
Transit aliens: foreign government officials and families in transit | C-3 |
Diversity visa: lottery winner | DV-1 |
Diversity visa: spouses and children | DV-2 |
Treaty traders and investors: treaty traders | E-1 |
Treaty traders and investors: treaty investors | E-2 |
Treaty traders and investors: Australian Free Trade Agreement | E-3 |
Immigrant investors | EB-5 |
Students and exchange visitors: academic students | F-1 |
Students and exchange visitors: spouses and children of academic students | F-2 |
Students and exchange visitors: Canadian or Mexican national academic commuter students | F-3 |
Representatives to international organizations and families: principals of recognized foreign governments | G-1 |
Representatives to international organizations and families: other representatives of recognized foreign governments | G-2 |
Representatives to international organizations and families: representatives of unrecognized or nonmember foreign governments | G-3 |
Representatives to international organizations and families: international organization officers or employees | G-4 |
Attendants, servants or personal employees of representatives | G-5 |
Temporary visitors: for business, visa waiver, Guam | G-B |
Temporary visitors: for pleasure, visa waiver, Guam | G-T |
Temporary workers and trainees: specialty occupations | H-1B |
Temporary workers and trainees: Chile and Singapore Free Trade Agreement | H-1B1 |
Temporary workers and trainees: registered nurses participating in the Nursing Relief for Disadvantaged Areas | H-1C |
Temporary workers and trainees: seasonal agricultural workers | H-2A |
Temporary workers and trainees: seasonal nonagricultural workers | H-2B |
Temporary workers and trainees: industrial trainees | H-3 |
Temporary workers and trainees: spouses and children of H-1, H-2, and H-3 workers | H-4 |
Representatives of foreign information media and families | I-1 |
Immediate relative of U.S. citizen: Spouse of U.S. citizen. This visa called CR-1 (for conditional resident) if the marriage is less than 2 years old at the time of application. The CR-1 visa has to have its conditionality “removed” two years after entry in a separate process. | IR-1 |
Immediate relative of U.S. citizen: Unmarried child, under 21 years of age, of a U.S. citizen. | IR-2 |
Immediate relative of U.S. citizen: Orphan adopted by U.S. citizens, whose adoption was finalized outside the U.S. Note: In order for an IR-3 visa to be issued, U.S. regulations require that both adoptive parents take part in the overseas adoption and actually meet with the child in the child’s home country. If only one parent travels to pick up the child, the child will be issued an IR-4 visa instead. | IR-3 |
Immediate relative of U.S. citizen: Orphan whose adoption by a U.S. citizen will be finalized in the citizen’s home jurisdiction. | IR-4 |
Immediate relative of U.S. citizen: Parent of a U.S. citizen; the citizen must be at least age 21. | IR-5 |
Students and exchange visitors: exchange visitors | J-1 |
Students and exchange visitors: spouses and children of exchange visitors | J-2 |
LIFE Act: fiancés(ées) of U.S. citizens | K-1 |
LIFE Act: children of fiancés(ées) of U.S. citizens | K-2 |
LIFE Act: spouses U.S. citizens, petition pending | K-3 |
LIFE Act: children of U.S. citizen, petition pending | K-4 |
Intracompany transferees: principals | L-1 |
Intracompany transferees: spouses and children of intracompany transferees | L-2 |
Students and exchange visitors: vocational students | M-1 |
Students and exchange visitors: spouses and children of vocational students | M-2 |
NATO officials and families | N-1 to N-6 |
Immediate relatives of certain SK-3 special immigrants | N-8 and N-9 |
Temporary workers and trainees: extraordinary ability or achievement | O-1 |
Temporary workers and trainees: accompanying and assisting in performance of O-1 workers | O-2 |
Temporary workers and trainees: spouses and children of O-1 and O-2 workers | O-3 |
Temporary workers and trainees: internationally recognized athletes or entertainers | P-1 |
Temporary workers and trainees: artists or entertainers in reciprocal exchange programs | P-2 |
Temporary workers and trainees: artists or entertainers in culturally unique programs | P-3 |
Temporary workers and trainees: spouses and children of P-1, P-2, and P-3 workers | P-4 |
Temporary workers and trainees: workers in international cultural exchange programs | Q-1 |
Temporary workers and trainees: workers in religious occupations | R-1 |
Temporary workers and trainees: spouses and children of R-1 workers | R-2 |
Aliens Assisting Law Enforcement | S visa [two types: S-5/S-6] |
Victims of human trafficking | T-1 |
Victims of human trafficking: spouse of victim | T-2 |
Victims of human trafficking: children of victim | T-3 |
Victims of human trafficking: parents of victim who are children | T-4 |
Temporary workers and trainees: spouses and children of NAFTA workers | TD |
Temporary workers and trainees: NAFTA professional workers | TN |
LIFE Act: spouses of permanent residents, visa pending | V-1 |
LIFE Act: children of permanent residents, visa pending | V-2 |
LIFE Act: dependents of V-1 and V-2, visa pending | V-3 |
Temporary visitors: visa waiver, business | WB |
Temporary visitors: visa waiver, pleasure | WT |
USEFUL LINKS
United States Citizenship and Immigration Services
National Visa Center
U.S. Department of State
U.S. Department of State Visa Bulletin
Executive Office of Immigration Review
Board of Immigration Appeals
U.S. Supreme Court
American Immigration Lawyers Association
Immigrant Legal Resource Center
The Catholic Legal Immigration Network, Inc.
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