Temporary and immigrant visas, extensions and status changes
A visa is permission to travel to the United States for a particular purpose. The right visa depends on why you are coming, how long you plan to stay, and whether you intend to live here permanently. Choosing the wrong category, or falling out of status after you arrive, can create problems that follow you into every later application.
Usher Law Group helps individuals, families and employers in New York and New Jersey choose a visa category, prepare petitions and applications, and deal with status problems, including removal proceedings for visa holders.
Two main kinds of visas
Nonimmigrant (temporary) visas
These are for a temporary stay with a specific purpose. Common examples include visitor visas (B-1/B-2), student visas (F-1), specialty occupation workers (H-1B), intracompany transferees (L-1), individuals with extraordinary ability (O-1), treaty investors (E-2) and fiance(e)s of U.S. citizens (K-1). Each category has its own requirements and limits on work, travel and length of stay.
Immigrant visas
These lead to permanent residence (a green card). The main sources are family-based petitions, employment and investor categories, and the Diversity Visa lottery. People already in the United States may be able to get a green card through adjustment of status instead of an immigrant visa. See our page on the green card application process.
Humanitarian categories
- U visa: for victims of certain qualifying crimes who have been, are being, or are likely to be helpful to law enforcement. The application requires a certification signed by a law enforcement or other certifying agency.
- T visa: for victims of a severe form of human trafficking.
Asylum and refugee status are forms of protection rather than visas. See asylum and refugee relief.
How the process usually works
- Petition, if required. Many categories start with a petition filed with USCIS by a relative or employer, such as Form I-130 for family or Form I-129 for many temporary workers. Some visas, such as visitor and student visas, do not need a USCIS petition.
- Visa application. Applicants abroad complete the State Department's online application and attend an interview at a U.S. embassy or consulate. Immigrant visa cases usually pass through the National Visa Center first.
- Admission. A visa lets you ask to enter. Customs and Border Protection decides whether to admit you and records the terms of your stay on your I-94 record.
- Maintaining status. After you arrive, you must follow the conditions of your category. Extensions and changes of status are requested from USCIS before your authorized stay ends.
How we help
- Compare the categories you may qualify for and explain the tradeoffs
- Prepare petitions, applications and supporting evidence, and respond to Requests for Evidence
- Prepare you for consular interviews
- File extensions and changes of status, and advise on travel while a case is pending
- Advise employers on sponsorship and employment verification
- Assess options after a visa denial, an overstay or a status violation
If you have overstayed or fallen out of status
Staying past the date on your I-94, or violating the terms of your visa, can lead to removal proceedings. Time spent unlawfully in the United States can also trigger bars to returning once you leave, so do not depart the country before getting advice. If you are placed in proceedings, it may be possible to contest the charges, apply for relief such as adjustment of status, asylum or cancellation of removal, or request voluntary departure. See our deportation defense page and our article on what to do if your visa expires.
What to bring
- Your passport, current and past visas, and your most recent I-94 record
- Any USCIS, consular or court notices, including prior refusals
- For work visas: your resume, degrees and the job offer or employer details
- For family visas: proof of the relationship and the sponsor's status
New Jersey residents can also see our New Jersey visa page.
Frequently asked questions
Do all visas require a petition from USCIS?
No. Many family, employment and temporary worker categories start with a petition filed with USCIS by a relative or employer. Others, such as visitor and student visas, are applied for directly at a U.S. embassy or consulate, although student visas require a school-issued form first.
Can I change from a visitor visa to another status without leaving?
Sometimes. Some people may request a change of status from USCIS before their authorized stay ends, but not every category allows it, and your intent at the time you entered matters. Get advice before filing or before your I-94 date passes.
What is the difference between a visa and my I-94?
The visa in your passport is for travel and entry. Your I-94 record shows how long you are authorized to stay after you are admitted. You can be in status with an expired visa, and out of status with a valid visa, so check your I-94 date.
What can I do if my visa application was refused?
The options depend on the reason for the refusal. Some refusals can be overcome with additional evidence or a new application, and some grounds of inadmissibility can be waived. Consular decisions generally cannot be appealed in court, so the practical approach is often to address the problem directly in a new filing.