What is the difference between an immigrant and a non-immigrant status?
A non-immigrant visa status is temporary in nature and is given in specific increments of time that may sometimes be extended. When a person applies for a non-immigrant visa, he/she may be required to prove to the Bureau of Customs and Border Protection that they will remain in the United States only for the duration of the temporary status granted to them. Also, the applicant may be required to demonstrate that they have sufficient financial resources that they will not have to resort to working illegally or become a public charge.

An immigrant visa allows a person to enter the country with the clear intention of living and working here permanently. A person entering on an immigrant visa is not subject to the burden of proof in the same way that a non-immigrant visa holder is. However, a person who seeks an immigrant visa must not be inadmissible on any grounds (i.e. medical, criminal, etc.).

What is immigrant intent?
Immigrant intent is a very serious subject. For nonimmigrant all visa types, the U.S. Citizenship and Immigration Services (formerly known as INS) automatically assumes that the applicant is planning to live and work in the country for a temporary or indefinite period.

Therefore, a person entering on a non-immigrant visa may be required to prove to a Bureau of Customs and Protection inspector that they have concrete plans to return home once their status expires. This can be accomplished by showing strong family ties in the home country, ownership of property in the home country, a job that will be waiting for the applicant when he/she returns, etc.

PLEASE NOTE: Certain visa statuses are governed by the issue of dual intent. Dual intent means that an applicant can enter the United States on a temporary visa (such as H1-B) and have the intent to become a permanent resident without penalty. In those specialized circumstances, the assumption is that the applicant is coming to the United States to work for a specified period of time with the end goal of becoming a lawful permanent resident in the future. Keep in mind, however, that most visa statuses DO NOT permit dual intent. Therefore, it is imperative to have a clear understanding of the privileges and limitations associated with your prospective visa category.

What is a Port of Entry?
A Port of Entry is any U.S./Canadian or U.S./Mexican ground border, any international airport that conducts pre-inspection, any United States airport that accepts incoming international flights, or any seaport that accepts incoming international ships.

I am planning on coming to the United States for a visit. Can I change my status to a worker or permanent resident while I am there?
Always proceed with caution when trying to change your status. If you enter the United States as a visitor, you are effectively telling the Bureau of Customs and Border Protection that you do not intend to stay in the country indefinitely. When you change your status from B1/B2 or visa waiver visitor status, you run the risk of having your petition denied based on false pretences of immigrant intent.

What is the difference between a visa and a status?
A visa is a stamp in your passport that allows you to request admittance at a United States Port of Entry. It is to be viewed as permission to travel to the U.S. to request the Bureau of Customs and Border Protection Officer (at the Port of Entry) for the right to enter the United States. When a person arrives at a U.S. port of entry and requests admission into the U.S., the person must satisfy the Bureau of Customs and Border Protection Officer with all the necessary requirements (documents, visa when required, etc.) for admission into the U.S. Having a visa stamp in your passport does NOT guarantee you entry to the U.S.

A status, on the other hand, tells you how long you can stay in the country on that particular visit. Your visa status will be stamped on the I-94 document (also known as an Arrival/Departure Record, a small white card in your passport that will be given to you before you are admitted to the country) when you enter the country and the date that it expires is the date by which you must either leave the country or apply for an extension of stay. A person who stays past the date on the I-94 is considered to be violating the law and to not have legal status to be in the country. This could lead to 3 or 10 year bars on admission or removal from the United States.

What is consular processing?
Consular processing is when a candidate for permanent residency completes the entire process outside of the United States. Hence, the person will have Green Card status when they enter the country from abroad.

I have heard that the Bureau of Citizenship and Immigration Services allows people to file their I-140 and I-485 petitions at the same time (concurrent filing). Why doesn't this apply to consular processing?
Concurrent filing does not apply to consular processing because the I-140 is adjudicated by the U.S. Citizenship and Immigration Services (USCIS). The resulting immigrant visa is issued by the consulate through the Department of State. The Department of State, through the consulates, cannot do anything until they know that the U.S. Citizenship and Immigration Services has approved the case.

A NOTE ABOUT CONCURRENT FILING: If a person applies for permanent residency once they are in the United States, he/she can only apply using concurrent filing if there are available immigrant visa numbers for his/her specific country of origin. Some countries have backlogs and others are current most of the time. Please refer to the visa bulletin at www.travel.state.gov/visa_services.html for more information on the current numbers for your native country.

If I apply for a Green Card by consular processing, how long will it take?
It is impossible for us to predict exactly how long it will take to get your Green Card. It largely depends on which consulate you go through and how complete your documents are. In general, it can take anywhere from 12 to 18 months to receive your Green Card. In some cases, it can take as little as 9 months.

Once I get my Green Card and enter the United States, can I start working right away?
Yes. Having a Green Card gives you immediate work authorization when you enter the country.

Can my family come with me to the United States?
Yes. When you apply for your Green Card, your immediate family (legally married spouse and minor children under the age of 21) can also apply for Green Cards as your dependents.

If Procare USA sponsors me for a Green Card, what obligation do I have?
Procare USA requires an extended employment commitment in return for Green Card Sponsorship.