If you want to join the 1.5 million people who immigrate to the US annually, you’re far from alone. About 13.6% of Americans were born abroad, so you’re in good company.
There are many different ways to legally immigrate to the States because of the country’s emphasis on diversity. Read on to learn the difference between an immigration vs non-immigration visa (and how an immigration lawyer can help you migrate successfully.)
The Basics of Immigrant Visas
If you want to relocate permanently to the US, you likely will be in search of an immigration visa. When you apply for one such visa, someone will sponsor you so that you can come to the US. You become a permanent resident/green card holder.
This sponsor will usually be an employer who wants to hire you at their United States company or a relative/spouse that you’re moving to the US to live with. They will go to U.S. Citizenship and Immigration Services (USCIS) and file an application for your immigration.
In some cases, you will file this petition for yourself. It’s rare, but investors and workers with extraordinary ability can do it. Having the help of an immigration lawyer is especially important in these cases since there’s a lot of paperwork to fill out meticulously and accurately.
Types of Visas for Immigration
There are four major types of immigrant visas for US migrants.
The main one is an employment-based visa that’s given to those looking to work in the US. There are multiple types of visas that you may qualify for, and the one you get will usually depend on your sponsor’s needs. A lawyer will help you figure out the best path toward an employment visa, but your employer is going to worry about most of the application paperwork.
Immediate relative visas include are for spouses and unmarried children of US citizens. Adoptees of US citizens and parents who need help with daily life also qualify. To apply for such a visa, the US citizen (who serves as the sponsor) will file a Form I-130 Petition for Alien Relative.
There are also family preference visas for unmarried children over 21, married children of US citizens with their spouses and minor children, and siblings of US citizens. Sponsors use the same I-130 form as those seeing immediate relative visas.
Diversity immigrant visas have a different process because the immigration hopeful files an electric application on the US Department of State website. This application for the Diversity Visa Lottery gives them a chance to move to the US because there aren’t a lot of people from their country living here. It’s a great way to add to the great American melting pot!
Non-Immigrant Visa Facts
A non-immigrant visa allows someone passage to the US for a temporary period. This period of time is pre-determined, and if you want to outstay it, you’ll need to apply for a new visa.
These are the most common visa types, and they’re primarily meant for those who want to work temporarily in the US or study at an American higher education institution. Tourist visas also are non-immigrant visa options, but they’re very short-term. You likely won’t want a business/tourist visa if you want to relocate for a long time.
Non-immigrant visas are much easier to get than immigrant ones. If your goal is simply to gain entrance to the US, this is a good place to start.
Types of Non-Immigrant Visas
There are a lot of different US temporary visa types. B-1 temporary business visas and B-2 visas for tourism are the most common, but they usually only let you stay in the country for six months. Mexican citizens can get a special Border Crossing Card (BCC) that allows them to stay for up to 10 years, but it has very specific requirements that an attorney can help you meet.
A B-1 temporary business visa will get you into the US for a longer period. These are ideal for those who want to attend conferences, negotiate contracts, consult with associates, and settle estate disputes. They are also fairly short-term and you can only remain in the county for the duration of your business.
E2 investor visas are another common type of visa that lets people start a business in the US. A foreign national can put $10,000 (or more, depending on the specific circumstances) into a bona-fide US business. They can move to help that business grow or set up in the US.
This is just the tip of the iceberg when it comes to non-immigrant visas, so you may have more options available. Look into facts about migrating from your specific country to learn the avenues open to you.
How Can an Immigration Lawyer Help You?
Quality immigration lawyers can help you determine what type of visa you will need to immigrate to the US. They’ll listen to your specific situation and outline avenues for you to migrate. They also know all the specific laws of your home country so you can enter the country based on your nation’s regulations and restrictions.
An attorney will also help you gather the paperwork you need for your application. They’ll let you know that everything is in order before helping you fill out and submit visa applications and forms.
Lawyers are also there to help you understand the immigration process to make it smoother. They’ll answer your questions every step of the way and discuss problems and hiccups with you. You won’t be left to wonder about your application status or next steps.
Get Started With the Immigration Process
Now that you know the difference between an immigration visa and a non-immigrant visa, it’s time to begin the application process. An immigration lawyer can help you determine your needs, fill out paperwork, and collect the documents you need to present your case successfully.
Our team is committed to helping people from all eligible countries begin the life of their dreams in the USA. Contact Boyer Law Firm to turn your visions of an ideal future into a reality.





