Which truly holds the key to the American Dream: the enduring promise of a Green Card or the transient hope of a visa? Let’s dive in as we unravel the complexities behind these two paths to opportunity.
If you’ve been looking to travel to or move to the United States, you may wonder what the difference is between a “green card” and a “visa.” There is some overlap — green card holders usually enter the country using an immigrant visa, but not all visa holders have or will get a green card. Learn about the differences between a visa and a green card during this segment.
What is a Visa?
Want to travel or possibly immigrate to the United States? Most people who wish to enter the United States need to have visas to be admitted.
There are two types of visas:
• Nonimmigrant visa: These allow the holder to visit the United States for specific purposes, such as education, work, business trip, or medical reasons, and for a specific amount of time with a clear departure date. They are temporary documents that do not allow the holder to live in the United States permanently.
• Immigrant visa: This type of visa is more difficult to obtain. This type of visa allows travel to the United States to live here permanently and is part of the process of getting a green card and obtaining lawful permanent resident status. This visa must be obtained before traveling to the United States, and the process for getting this type of visa is more extensive. Usually, the holder will be sponsored by a family member, an employer, or self-sponsor.
What Is a Green Card?
The U.S. Green Card is officially called the Lawful Permanent Resident Card or Form I-551. Anyone who obtains the highly sought-after U.S. immigrant visa through the Green Card Lottery or one of the alternative application processes is granted unrestricted work and residence authorization for the United States of America.
To qualify for citizenship, the applicant must have an immigrant visa already, and applications are made to U.S. Citizenship and Immigration Services (USCIS). Green card holders can pursue citizenship after three to five years, depending on the circumstances.
There are several different types of green cards, and they include:
1. Employment-Based Green Card: Certain workers, and in some cases, their immediate family, may be given green cards tied to their jobs.
2. Family-Based Green Card: Close relatives of U.S. citizens and green card holders may apply. This includes immediate family members, such as parents, siblings, children, and widows and widowers of citizens or green card holders.
3. Humanitarian Green Card Holders: Refugees, asylum seekers, and those victims of human trafficking, crime, or abuse are eligible to receive green cards.
4. Green Card Lottery Winner: Each year, the U.S. government randomly selects up to 50,000 people from a pool of entries from countries with historically low immigration rates to the U.S.
What are the differences between a Green Card and a Visa?
The biggest difference between visas and a green card is when to get one. A visa is generally obtained before travel, while a green card can be obtained after arrival.
• Visas should generally be obtained before travel. They permit entry into the United States and are typically a stamp or page on a passport.
• Visas do not necessarily allow for an open-ended stay. Nonimmigrant visas have a set duration of time associated with them, which can vary depending on the reason for travel, and will eventually expire.
• Single-intent nonimmigrant visas such as the B-1/B-2 visitor visa or F-1 student visa do not usually provide a path to permanent resident status.
• A green card is a physical card that represents the holder’s right to live and work within the United States permanently.
• Green cards are only obtained after arrival within the United States.
• An immigrant visa must be obtained before getting a green card if the applicant is outside of the U.S. and consular processing the case.
• A green card holder can pursue citizenship.
Client Experience
I recently had a client who entered the U.S. on one visa, then later had a change of heart. In the heart of bustling New York City, amidst the towering skyscrapers and bustling streets, lived Maria, an ambitious young woman from Brazil. Her dreams of pursuing a career in fashion design had brought her to the United States on a student visa. Yet, as the years passed, Maria’s aspirations expanded beyond the confines of her temporary status. She yearned for stability, for a future where her talent could flourish without constraints.
One fateful day, Maria stumbled upon an advertisement for an immigration law firm that promised to navigate the complexities of immigration law. With a spark of hope igniting within her, Maria reached out to the firm, eager to explore her options. Little did she know that this decision would alter the course of her life.
Maria met with one of our seasoned immigration lawyers who took her under his wing. Through hours of meticulous planning and tireless advocacy, our firm presented Maria with two paths: the uncertain journey of changing her visa status to that of an H-1B holder, or the pursuit of a Green Card, a symbol of permanence and opportunity.
Maria hesitated, torn between the familiarity of her visa and the daunting prospect of navigating the Green Card process. But our firm, with unwavering confidence, assured her that the Green Card was not just a document—it was a testament to her resilience and determination but that it was ultimately up to what she wanted to do and where her dreams lie.
With our firm’s guidance, Maria embarked on the arduous journey towards obtaining a Green Card. She navigated through mountains of paperwork, attended interviews, and weathered the storms of uncertainty. Yet, with each hurdle she overcame, Maria grew stronger, her resolve unyielding.
Months turned into years, but Maria persevered, fueled by her unwavering belief in the promise of a brighter future. And then, on an ordinary day, and amidst the hustle and bustle of city life, Maria received the news she had been waiting for: her Green Card had been approved.
Tears of joy streamed down Maria’s face as she held the precious document in her hands. In that moment, she realized that her journey was not just about crossing borders—it was about crossing barriers, defying odds, and seizing the opportunities that lay before her.
Today, Maria stands tall as a successful fashion designer, her creations adorning the runways of New York Fashion Week. Her story serves as a beacon of hope for countless others who dare to dream beyond borders, reminding them that with determination and the right support, anything is possible.
Bonus Information
As promised, here’s some bonus information that you may not know about
Timing is very important with immigration, and especially when applying for a green card. You should not submit Form I-485 within 90 days of arrival to the U.S. if you are a non-immigrant visa holder that requires single intent.
Most non-immigrant visas, such as B-1, B-2, TN, and F-1, imply “single intent.” In other words, those visa holders are assumed to stay in the U.S. temporarily instead of having “dual intent” to have the option to settle in permanently. If a green card application is filed within 90 days of entry, USCIS will get suspicious of the true intent when entering on the nonimmigrant visa.
This is why USCIS introduced the “90-day rule”. The rule says that temporary visa holders who marry or apply for a Green Card within 90 days of arriving in the U. S. are automatically presumed to have misrepresented their original intentions, and that it is your job to persuade them otherwise.
Although you will have a chance to convince USCIS that your original intent was genuine, it is safer to wait until 90 days have passed before applying for a Green Card.
Thanks for tuning in today. Be sure to check the caption below this video. We’ve got questionnaires for different types of visas so that we can help you determine which visa is most appropriate for you. And if you’re traveling soon, we also have a list of some of my travel favorites.