Immigration And Criminal Defense Lawyers

Understanding visas and green cards

On Behalf of | Nov 21, 2023 | Immigration Law |

Understanding the differences between visas and green cards is important for anyone planning to live, work, or study in the United States. Both are essential tools for legal entry and residence in the U.S., but they serve different purposes and offer different rights and privileges.

It is also important to understand that there are different kinds of visas and pathways to securing a green card. Seeking legal guidance can help individuals determine which approach will best suit their unique needs and circumstances. 

Visas

A visa is a document that allows a foreign national to enter the United States for a specific purpose and duration. There are two main categories of visas: nonimmigrant and immigrant visas. Nonimmigrant visas are for temporary stays – such as for tourism, business, work or study. Immigrant visas, on the other hand, are for those intending to immigrate permanently.

The length of a visa varies based on its type. For example, tourist visas may be valid for up to 10 years, but the actual stay per visit is usually limited to six months. Work visas, like the H-1B, are typically valid for up to six years. Visas do not grant the right to stay in the U.S. permanently and are subject to renewal and approval procedures.

Green cards

A green card, formally known as a Permanent Resident Card, grants the holder lawful permanent residency in the United States. It allows the individual to live and work in the U.S. indefinitely, as long as they do not commit actions that would make them removable under immigration law.

Green card holders can work in any job, start businesses, own property, attend public schools and universities at resident rates, and access some social benefits. After a certain period, usually five years, green card holders may apply for U.S. citizenship.

Green cards can be obtained through various methods, including employment, family sponsorship, asylum or through the Diversity Immigrant Visa Program (also known as the Green Card Lottery). The process is typically more complex and lengthier than obtaining a visa.

While green card holders can travel outside the U.S., they must not abandon their U.S. residence. Extended trips abroad may lead to questions upon reentry and potentially jeopardize permanent resident status.

Ultimately, while both visas and green cards permit entry into the United States, they serve different functions. Visas are primarily for temporary stays, whether for travel, work or study. Green cards, however, offer the privilege of permanent residency and a path to citizenship, with the rights and responsibilities that come with it. Understanding these differences is essential for anyone looking to navigate the U.S. immigration system successfully.