Immigrant and Nonimmigrant Visas

Every U.S. visa falls into one of two broad families, and understanding which family applies to your situation is the first step in any immigration plan. The Law Offices of Albert Goodwin, PLLC helps individuals, families, and employers across New York City, Nassau, Suffolk, and Westchester counties, and nationwide, choose the right path and avoid the mistakes that lead to delays and denials.

The distinction comes down to intent. An immigrant visa is for a person who intends to live in the United States permanently — the immigrant visa leads to lawful permanent residence, commonly known as a green card. A nonimmigrant visa is for a temporary purpose, such as tourism, study, a specific job, or a short business trip, after which the visa holder is generally expected to return home.

Nonimmigrant Visas: Coming to the United States Temporarily

Nonimmigrant visas are organized by letter and number, each tied to a particular purpose. A few of the most common categories include the following.

• B-1/B-2 visitor visas, for temporary business meetings (B-1) and tourism or medical treatment (B-2).
• F-1 student visas, for full-time academic study at an approved school or university.
• H-1B visas, for professionals in specialty occupations that normally require at least a bachelor’s degree.
• L-1 visas, for executives, managers, and specialized-knowledge employees transferring within a multinational company.
• O-1 visas, for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
• E-2 visas, for nationals of treaty countries who invest a substantial amount of capital in a U.S. business.
• K-1 fiancé(e) visas, for the foreign fiancé(e) of a U.S. citizen who will marry within ninety days of arrival.
• TN visas, for qualifying Canadian and Mexican professionals under the USMCA agreement.
• J-1 visas, for exchange visitors such as scholars, trainees, au pairs, and research participants.

If you are weighing a work-based option, our pages on H-1B visas and employment-based immigration go into more detail, and the K-1 fiancé(e) visa is a frequent first step toward marriage and a green card.

Dual Intent

Most nonimmigrant categories require you to show that you do not intend to abandon your home abroad. Applying for a green card while holding one of these visas can create problems, because it suggests your purpose was never temporary. A handful of categories — notably H-1B and L-1 — allow what is called dual intent, meaning you can lawfully hold the nonimmigrant visa and pursue permanent residence at the same time. Knowing whether your category permits dual intent is critical before you file anything, and it is one of the issues we review carefully with every client.

Immigrant Visas: The Two Main Tracks

Immigrant visas, which lead to a green card, are awarded primarily through two tracks. The family-sponsored track allows U.S. citizens and lawful permanent residents to petition for certain relatives. Immediate relatives of U.S. citizens — spouses, unmarried children under twenty-one, and parents — are not subject to annual numerical limits, while other family categories are. You can learn more on our family-based immigration page.

The employment-based track allows U.S. employers, and in some cases individuals themselves, to sponsor foreign workers across five preference categories, ranging from individuals of extraordinary ability to investors. Whichever track applies, the goal is the same lawful permanent residence described on our green card page.

The Visa Bulletin and Priority Dates

Because Congress caps the number of immigrant visas issued each year in most categories, demand often exceeds supply, and applicants wait in line. Your place in line is set by your priority date, which is generally the date your petition was properly filed. The U.S. Department of State publishes a monthly Visa Bulletin showing which priority dates are current and eligible to move forward. For immediate relatives of U.S. citizens there is no wait based on numerical limits, but for most other categories the priority date determines when you can take the final step. Watching the Visa Bulletin and acting at the right moment can make a meaningful difference in how quickly your case is completed.

Consular Processing Versus Adjustment of Status

There are two ways to complete the green card process. Consular processing takes place at a U.S. embassy or consulate abroad, where the applicant attends an interview and, if approved, enters the United States as a permanent resident. Adjustment of status is for applicants who are already in the United States in a lawful status and can apply without leaving the country. Each route has its own requirements, timelines, and risks, and the better choice depends on where you are, how you entered, and your immigration history. We help clients evaluate both options and prepare thoroughly for whichever one applies.

Inadmissibility and Waivers

Even when a person qualifies for a visa, certain grounds of inadmissibility can stand in the way. Common issues include prior unlawful presence in the United States, certain criminal records, immigration fraud or misrepresentation, and some health-related grounds. In many cases a waiver is available that, if granted, forgives the ground of inadmissibility and allows the case to proceed. Waivers are fact-specific and often require showing extreme hardship to a qualifying relative. Identifying a potential bar early — before filing — lets us plan around it rather than react to a denial.

How Our Office Can Help

Choosing between an immigrant and a nonimmigrant visa, and then navigating the categories, the Visa Bulletin, and the filing process, is rarely straightforward. Albert Goodwin works directly with clients to build a strategy suited to their goals, whether that means a temporary work or study visa, a family or employment-based green card, or addressing an inadmissibility concern before it becomes a problem.

Call us at 212-233-1233 or email [email protected] to discuss your situation and find the right visa path for you.