In U.S. immigration law, the type of visa you apply for reflects your intentâwhether you plan to move to the U.S. permanently or temporarily.
đ Immigrant Visas (Permanent Residency)
Immigrant visas are for individuals seeking to live and work permanently in the United States. These visas typically lead to a green card.
Common Immigrant Visa Categories:
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Family-based visas (e.g., IR1, F2A)
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Employment-based visas (EB-1 through EB-5)
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Diversity Visa Lottery
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Refugee/Asylee status adjustment
đ Once in the U.S., an immigrant visa holder can adjust status and eventually apply for naturalization (U.S. citizenship).
âïž Nonimmigrant Visas (Temporary Stay)
Nonimmigrant visas are for people entering the U.S. for a specific purpose and limited duration, such as tourism, work, study, or business.
Common Nonimmigrant Visas:
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B-1/B-2: Business or tourism
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F-1: Academic students
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H-1B: Temporary skilled workers
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J-1: Exchange visitors
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TN: Professionals from Canada or Mexico
Most nonimmigrant visa holders must prove they intend to return home after their stay.
đ Can You Switch From Nonimmigrant to Immigrant?
Yesâunder certain conditions, some visa holders can adjust status from a nonimmigrant to an immigrant classification (e.g., from H-1B to EB-2, or F-1 to marriage-based green card). However, this must be done lawfully, and dual intent is allowed only for select visa types.
đ« Visa Misuse or Overstay Risks
Overstaying a nonimmigrant visa or misrepresenting your intent can lead to:
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Future visa denials
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Deportation proceedings
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Long-term bars from reentry
đ Whether youâre visiting temporarily or planning to move permanently, understanding the visa type that fits your goals is essential. Let Borderless Lawyers help you choose the right pathway and stay fully compliant with U.S. immigration rules.