 Overview
of U.S. Immigration
Nonimmigrant visitors
United States law makes a sharp distinction between immigrants
and non-immigrants. Non-immigrants are people who are coming to the
United States for a temporary period of time for a specific purpose.
When the purpose is achieved, they are required to leave the United
States, unless the government grants an extension of stay or a
change of status. There are many categories, each with its own
rules. For instance, a non-immigrant may be a tourist who is
admitted to the United States for 90 days, a student who is admitted
until she completes her degree, or an H-1B professional worker who
is admitted for a total of six years.
Application procedures vary widely. Some categories require applications to be filed in advance at a
CIS (Citizenship and Immigration Services) office in the United States. Most
non-immigrants must also apply for a visa (a stamp placed in the
passport) at a U.S. consulate abroad. Canadian citizens and tourists from
certain designated countries do not need visas.
Most non-immigrants (other than Canadian visitors) are issued a
white card called an I-94 when they enter the United States. This
card (not the visa) determines when the visitor must leave the
United States. There are penalties for overstays, working without
authorization, and other failures to maintain status.
Immigrants and "Green Cards"
Immigrants are people who are permitted to stay in the United
States permanently. They can work for any employer and attend any
school. Their stay is not limited. After five years they can become
U.S. citizens (three years in the case of marriage to a U.S. citizen). Most immigrants come to the United States because
they are the spouses, children, or parents of U.S. citizens or
permanent residents. Others can immigrate because their skills are
in short supply in the United States, or because they are
outstanding in their occupation. The U.S. also admits many refugees
who face persecution in their home country. Finally, the U.S. holds
an annual "diversity lottery" which allows about 50,000 people a
year to become permanent residents. "Green Cards"
are issued to all permanent residents.
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