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What is an Immigrant Visa? A Comprehensive Legal Overview
Definition & Meaning
An immigrant visa is a type of visa that allows a foreign national to enter the United States with the intention of living there permanently. This visa is issued by a consular officer outside the U.S. and is governed by the Immigration and Nationality Act. To qualify for an immigrant visa, applicants must meet specific eligibility requirements set by U.S. immigration law.
Table of content
Legal Use & context
Immigrant visas are primarily used in the context of U.S. immigration law. They are essential for individuals seeking to become lawful permanent residents. This term is relevant in various legal areas, including immigration law, family law, and employment law. Users can often manage the application process themselves using legal templates available through services like US Legal Forms, which provide the necessary forms and guidance for completing the application.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who has a U.S. citizen spouse may apply for an immigrant visa based on their marriage. If approved, they can move to the U.S. and live there permanently.
Example 2: An individual with a job offer from a U.S. employer may qualify for an immigrant visa under employment-based categories. (hypothetical example)
Relevant laws & statutes
The primary statute governing immigrant visas is the Immigration and Nationality Act (INA). Key sections include:
Section 201: Establishes the preference system for immigrant visas.
Section 203: Details the categories of family-sponsored and employment-based immigrant visas.
Comparison with related terms
Term
Definition
Difference
Non-immigrant visa
A visa for temporary stay in the U.S.
Non-immigrant visas do not grant permanent residency.
Green card
A document granting lawful permanent residency.
An immigrant visa is a step towards obtaining a green card.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify for an immigrant visa, start by gathering the necessary documents, such as proof of eligibility and identification. You can use resources like US Legal Forms to find the appropriate forms and instructions. If your situation is complex, consider consulting with a legal professional for personalized advice.
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