If you are looking to come to the United States, you may wonder which document you need to apply for – a green card, or a visa?

Both immigration documents allow you to travel to the United States. with the main difference being that a green card grants legal status indefinitely, while a visa is for a fixed amount of time. This article addresses frequently asked questions regarding both of these documents, so that you can ascertain which best applies to your situation.

Difference Between a Green Card & Visa

Green Cards:

A green card represents lawful permanent resident status in the United States. Permanent residency allows an immigrant to the US to live and work here indefinitely. However, in order to maintain this status, the green card holder must maintain status in good standing.
Green cards may be employment-based, and come in several categories. Workers with advanced degrees or special abilities are processed in higher numbers.
The most common route to obtaining a green card is through qualifying family members. Family-based green cards are given to immigrants who are married to a US citizen or legal resident. Close relatives also may qualify for this category of green card.
Green card holders may qualify for citizenship status after living in the US for at least 5 years, as long as they have not committed any acts which will qualify them for removal proceedings.

Visas:

A visa holder only has the right to apply for entry into the US. Citizens of foreign countries must obtain a visa before entering the United States.
Visas are usually issued at the US consulate and embassies in the country of origin, and gives individuals the right request entry to the United States at a port of entry.
A visa does not automatically guarantee that the holder will be allowed to gain entry.
Nonimmigrant visas are given to those people who seek to be in the United States on a temporary basis. Nonimmigrant visas are primarily for tourists, students and temporary workers. As a general rule, tourists and students are not allowed to have employment while here on a nonimmigrant visa.
Temporary workers are allowed to work under a visa, as long as they offer a qualifying occupation (religious workers, unskilled laborers or college-educated professionals may fall under this category.)
Work visas under this classification may include H-1B Specialty Work, H-2B Seasonal Work, H-3 Trainee or L-1 Intra-Company Transfer.
If your visa is due to expire, you must leave the country. You may apply for a renewal of your visa, but it is rare that an immigrant on a visa is allowed to apply for a green card, which is considered dual intent.If you are unsure as to which category of immigration document you should apply for, you can call a local immigration attorney, check the USCIS.gov website, or visit the United States embassy in your home country. They will help you to determine the best application for you to submit in order to hopefully gain entry into the US.It is important that you understand the process of both a green card and a visa, as mistakes or omissions on your application may delay (or even negate) approval. If you have any doubts whatsoever, call the Tampa area immigration attorneys at Probinsky & Cole. Our expertise and knowledge will afford you the best opportunity in procuring your visa.