Generally, visas fall in one of these categories:

1. Nonimmigrant Visa- for  temporary stay in US
2. Immigrant Visa- for permanent stay in US

The specific types of visas available through the USCIS include:

1. B-1 Business Visa – The USCIS offer B-1 Business Visa to foreign nationals working for a foreign company. Foreign citizens wanting to visit the United States for most business purposes are eligible to apply for a B-1 Business Visa.

2. B-2 Tourist Visa – Foreigners wanting to tour the U.S. for leisure purposes, on holiday, for a vacation for medical treatment should apply for B-2 Tourist Visa.  Citizens of countries qualifying for the Visa Waiver Program also need a B-2 Tourist Visa, if they plan to stay in United States for more than 90 days.

3. H-1B Work Visa – This type of Visa allows college-educated professionals with special skills (like doctors, engineers, scientists) to enter the U.S., in order to make “valuable contributions” to American development.  A maximum of 65,000 H-1B Visas are issued in one year.  Professionals with H-1B Visa can stay in the U.S. for a maximum of three years, but that can be extended if required.  The maximum period of stay cannot exceed more than six years. A huge advantage for H-1B Visa holders is that they can apply for Permanent Immigrant Status (Green Card), if their company sponsors them.

4. H-2B Work Visa – An H-2B Visa is a different type of work visa and is issued to skilled and unskilled workers (for non-agricultural jobs).  A maximum of 66,000 H-2B Visas are issued each year. Workers with an H-2B Work Visas come to U.S. for a temporary or seasonal job (non-agricultural) offered by US employers.

5. C-1 Transit Visa – Persons who need to enter the U.S. in order to transit to another country would seek an C-1 Transit Visa.  People with C-1 Transit Visa are allowed to travel (for a maximum of 29 days) in U.S. if their destination is another country.  Citizens from countries eligible for Visa Waiver Program do not need a Transit Visa.

6. F-1 Student Visa – An F-1 Student Visa is for foreign students seeking higher studies in the U.S.  Foreign students seeking F-1 Students Visa must have a valid educational purpose for coming to the U.S.  Only students participating in full time educational programs are eligible to apply for F-1 Student Visa.  Students with an F-1 Visa can stay in the U.S. through the completion of their educational session. An F-1 Visa is multi-entry visa, allowing those students to enter the U.S. States many times. Those students can also travel freely anywhere in the United States and can do practical trainings to gain work experience.  In many cases, students obtaining a bachelor or master’s degree can be sponsored by their employer and obtain an H-1B Work Visa. This is the biggest advantage attached in first obtaining an F-1 Students Visa.

7. J-1 Exchange Visitor Visa – An J-1 Exchange Visitor Visa allows individuals to participate in exchange visitor programs organized by Education and Cultural Institutions or Business Houses. J-1 Exchange Visitor Visa helps industrial trainees, students, teachers, research assistants, scholars, and people on cultural missions who are participating in a program of studies, training, research, or a cultural enrichment program designed for such individuals by the United States Department of State, through its Bureau of Educational and Cultural Affairs.

Tiffany U. Vivo is an Indianapolis immigration lawyer.  She also practices family law.  Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois.  She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).

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Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

Tiffany U. Vivo is an Indianapolis immigration lawyer.  She also practices family law.  Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois.  She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).

Many marriages lead to citizenship.  But there are legal and practical matters to consider.  An immigration lawyer can advise you on how your marriage and citizenship of a newlywed impact each other.

Consider these facts.  More than 450,000 U.S. citizens each year marry foreign-born individuals and petition for them to become permanent U.S. residents.  Before you consider marriage as a path to citizenship, consider these two important questions, which can impact your citizenship process:

1. The immigrant’s situation needs to be determined.  Where does the immigrant live now and did they arrive legally.  Many couples make the mistake of entering the U.S. in one non-marriage status, but then attempt to marry.  That can delay or even jeopardize the immigrants chances of obtaining citizenship.
2. What is the U.S. fiancé’s status?  Is that person living in the U.S. or abroad.  Is he a citizen or permanent resident?

Whatever your situation, be prepared for a long wait.  It can take four months or longer to get a fiancé visa and another year to attain a U.S. green card, if you are a U.S. citizen and your fiancé is living abroad.  Each type of visa application involves several stages, each of which takes time.  Those stages include applications, medical examinations, fingerprinting, and various approvals.

The fiancé visa and the marriage visa are very different.  To meet the criteria for a fiancé visa, the immigrant must:

       Intend to marry a U.S. citizen

       Have met the citizen in person within the last two years, and

       Be legally able to marry

The marriage-based visa requires the immigrant to be:

       Legally married to a U.S. citizen or permanent resident

       Not married to someone else at the same time, and

       Not married to someone who has another wife or husband

You will need evidence to prove each of these elements.  For example, legal marriage can be proven by providing a copy of your marriage certificate.  If you were married outside of the U.S., the USCIS requires that the certificate come from a government office. Most importantly, immigration officers are looking to decide whether the marriage is a “bona-fide” marriage.

Obtaining immigration status through marriage is one of the easiest methods to enter the United States.  Consequently, immigration officers are often skeptical in considering whether a marriage is bona fide.  This determination, however, is critical.  If an immigration officer decides that the marriage is a “sham” marriage, the foreign spouse will forever be barred from re-entering the United States.  Thus, it is important to consult with a knowledgeable immigration attorney.

If you or someone you know is in need of an immigration attorney, please contact us for help.

Tiffany U. Vivo is an Indianapolis immigration lawyer.  She also practices family law.  Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois.  She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).