DuPage County Immigration Attorneys | Mevorah Law Offices LLC

What Are the Different Types of U.S. Visas?

Posted on July 10, 2019 in Immigration

A visa is a permit to travel to, enter, and remain in the United States. A person wishing to enter the United States must meet several requirements before being allowed to enter. Under U.S. immigration law, the intended purpose of the applicant’s travel will determine what type of visa is required. There are two main categories of U.S. visas. A Nonimmigrant visa is for temporary visits such as for vacation, business, family, or studying. An Immigrant visa is for people who wish to immigrate to the United States and live here. The process of applying for and receiving an immigration visa can be complex, so it is important to understand which kind applies to your situation.

Nonimmigrant Visa

Nonimmigrant visas need to be obtained for a variety of reasons, but they are always for temporary stays or visits. Many people all over the world like to travel to other countries, and the United States is a popular destination. In other cases, foreigners come here to do business with a U.S-based company, or even to work on a project for a certain period of time.

Another reason for a nonimmigrant visa is to visit family who live in the States. This applies to situations in which a family member might be ill, and a relative wants to come to help care for him or her. Student visas are for anyone who is enrolled at a reputable educational institution in the United States. These visas do not require the student to obtain citizenship. Other examples of nonimmigrants who need visas to travel to the United States include athletes, nannies, actors, and media journalists, to name a few.

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What Is a Provisional Unlawful Presence Waiver?

Posted on December 19, 2018 in Immigration

People who enter the United States without inspection (EWI, which stands for Entry Without Inspection; also called undocumented) generally exist in a precarious state while in the country. Without documents that show legal presence, a person generally cannot work except at menial tasks and is not entitled to any federal benefits. However, for some, it is possible to adjust their status while still within the United States - to do so, a person must obtain what is called a provisional unlawful presence waiver. It is still possible to do this nowadays, though the process is not easy.

Entering EWI Makes You Removable

Since entering the U.S. without inspection is a direct violation of the Immigration & Nationality Act (INA), a person who does this is immediately removable from the country if found by Immigration & Customs Enforcement (ICE). This is a simple process, often resulting in expedited removal if someone is found within 100 miles of the U.S. border, which means that they do not even get to see a judge. Even if someone does get to appear before an immigration judge, they will usually simply be informed of the penalties for entering without inspection unless the person can make an asylum claim, citing credible fear of being returned to their home country.

The penalties for EWI are quite stiff, though the INA only lists civil penalties and fines. The Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) of 1996 imposes a three-year bar (that is, a period of three years where someone cannot leave and lawfully re-enter the United States) on those who accrue more than 180 days but less than one year of unlawful presence in the country. If someone has more than one year of unlawful presence, they are barred from re-entry for 10 years.

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