How to Gain Immigration Status
There are many ways to obtain an immigration status, some requiring more effort than others. Most foreign nationals seeking to enter the United States will be classified as a non-immigrant or immigrant. Non-immigrant status refers to visitors and workers who plan temporary stays in the United States, while immigrant status refers to foreign nationals who wish to establish permanent residency in the United States. Although not a prerequisite, most immigrants become non-immigrants first, so this article will focus on that aspect of obtaining immigration status.
- Difficulty:
- Moderate
Instructions
Things You'll Need
- Students: Student and Exchange Visitor and Information System Form I-20, issued by the educational institution at which they plan to attend
- Temporary Employees: approved petition filed by U.S. employer with U.S. Citizenship & Immigration Services, authorizing employment in the United States
- Visitors: reasons for entering U.S. and proof of funds to return from U.S. visit
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Obtaining Non-immigrant Visa
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1
Schedule a visa appointment at your local U.S. Embassy or Consulate well in advance of your intended departure. If you must schedule an appointment at an embassy or consulate which is not in your country of residency, be aware that processing delays may occur.
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2
Prepare all required documentation and fees necessary for visa appointment. If not given to you at the time of the appointment scheduling, contact the embassy or consulate or check their web page for a checklist of items to bring.
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3
Do not plan on traveling while your visa application is pending. Your passport will be collected at the time of the visa appointment and will be mailed to you within a matter of days.
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4
Upon entry to the United States, present your passport and any requested documents such as employment authorization approval notice, to the U.S. Customs and Border Protection officer.
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5
You will be issued an I-94 card, which indicates your official immigration status, class, and expiration date. Be sure to keep this card with your passport at all times. Upon leaving the United States, you will be asked to relinquish this card, and will be issued a new card at re-entry.
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1
Tips & Warnings
1) Dependents of U.S. Visa holders, such as spouse and/or children, are entitled to dependent visas, but must show proof of relationship to the visa holder, such as marriage or birth certificates.
2) Different visas require different documentation, and not all U.S. Embassies or Consulates will require the same materials.
3) If visa is employment-based, request assistance from employer's immigration attorney, if available.
Always maintain valid immigration status while in the U.S. If you violate the terms of your status, or overstay your visa expiration, it may have serious consequences with regard to the immigrant visa (green card) process, including possible denial of status.
