I am honored at the opportunity afforded me to use this platform in disseminating information as relates to the United States Immigration Law.
I applaud the great work of the management and editorial team of this great media house and acknowledge their service and the great care with which they intimate the public on issues that matters.
The opportunity to contribute is accepted with great humility, a sense of utmost care, and assurance that information disseminated would be premised on the framework of relevant and up-to-date regulatory provisions.
Importantly, readers must understand that the forum and information thereon are not intended to provide legal advice or create a client-attorney relationship, rather, it is solely for the dissemination of information. Each reader is strongly encouraged to seek legal advice on specific matters relating to their concerns.
Diving in, the body of law governing U.S. immigration policy is called the Immigration and Nationality Act (INA) enacted in 1952. The INA has been amended many times over the years and contains many of the most important provisions of immigration law. The INA is contained in the United States Code (U.S.C.). The U.S. Code is a collection of all the laws of the United States. Title 8 of the U.S. Code covers “Aliens and Nationality”.
The type of visa an individual needs is determined by the purpose of the intended travel. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate. There are two categories of U.S. visas, namely, the nonimmigrant and immigrant categories.
Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment, and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa.
However, foreign nationals seeking to enter the United States to study, or work may require certain authorization and documentation prior to applying for a nonimmigrant visa. These visas are identified alphabetically such as: A, Diplomat, or foreign government official; B-1 Business visitor; Athlete, amateur or professional (competing for prize money only); B-2, Medical treatment, visitor; H-1B, Specialty occupations in fields requiring highly specialized knowledge to mention but few.
An applicant must understand that the issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The Custom Border Patrol (CBP) Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.
An applicant for a nonimmigrant visa cannot have dual intent[1], a preconceived intent to migrate because the nonimmigrant visa is temporary in nature and the issuance is premised on the applicant’s intent to return to their home country. For example, an individual with an F-1 Student visa[2], must maintain his status by enrolling in school for the minimum required courses, paying tuition, avoiding unauthorized employment, completing his program of study, and returning to his home country.
An immigrant visa (IV) is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf. The application is later forwarded to the appropriate U.S. Consulate or Embassy overseas for continued processing and issuance of the immigrant visa to the intending immigrant, if eligible.
An intending immigrant must present the immigrant visa at a U.S. port-of-entry prior to the expiration of the immigrant visa. An intending immigrant becomes a lawful permanent resident once the immigrant visa and accompanying paperwork are reviewed and endorsed by a CBP officer.[3] Other individuals may obtain an immigrant status through refugee, asylum, or other humanitarian basis. The INA allows the United States to grant up to 675,000 permanent immigrant visas each year across various visa categories.
I look forward to responding to individuals’ questions and specifics of the immigration process.
[1] Dual intent generally refers to the fact that certain U.S. visas allow foreigners the intention to immigrate at some time in the future while properly maintaining a nonimmigrant status in the present.
[2] An F1 visa is a nonimmigrant visa for those wishing to study in the U.S. You must file an F1 visa application if you plan on entering the US to attend a university or college, high school, private elementary school, seminary, conservatory, language training program, or other academic institution.
[3] https://www.cbp.gov/travel/international-visitors/visa-waiver-program/requirements-immigrant-and-nonimmigrant-visas
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