All posts by Cheng, Cho, & Yee, Immigration Lawyers

Depending on the nature of your entry into the US, there are multiple nonimmigrant and immigrant visa categories to consider during the application process. Choosing the right visa is crucial to ensure you’re legally able to enter the country.

If you need help determining the right visa category for you and completing the visa application process, consult with the attorneys at Cho Immigration Law by calling 312-853-3088.

Which Visa Is Right for You?

There are many U.S. visa categories available, depending on the purpose of your visit and the type of sponsor you need to help with your application.

Nonimmigrant Visa Categories

If you’re entering the country temporarily, there are several nonimmigrant visa categories that allow you to gain employment or visit the U.S. for other purposes.

Nonimmigrant visa categories include:

• H Visas: These include H-1B, H-2A, H-2B, and H-3 visas. H-1B visas are for professionals and experts who receive a job offer in the country that demands their specialized skills. Meanwhile, H-2A visas are for temporary employees in agriculture, and H-2B visas are for temporary non-agricultural workers. H-3 visas, on the other hand, go to individuals who want to receive training in the U.S. outside graduate training or medical school.
• I Visas: These visas apply to members of foreign press, such as journalist, reporters, and camerapeople, working for a media outlet in another country.
• O Visas: Nonimmigrant visitors to the U.S. can apply for these visas if they have achievements or abilities that qualify as extraordinary and exceptional, along with people traveling with them.
• L Visas: If you’re changing positions within your current organization, you may apply for an L visa, such as a one-year L-1B visa for executives and managers or a three-year L-1A visa for individuals with certain specialized expertise.
• P Visas: Artists, athletes, and performance artists may enter the country on a P visa for events or a limited period of time, along with people accompanying them.
• R Visas: Individuals working in non-profit religious organizations may enter the country on an R visa to complete work directly associated with these organizations.

F visas are also available to students who want to continue their education in the U.S., such as exchange visitors who may need to temporarily live in the country while receiving their education. However, students on F visas won’t be able to gain work outside their educational institutions, and restrictions will apply to on-campus employment.

Another nonimmigrant visa option is a Trade North American Free Trade Agreement (TN NAFTA) permit, also known as a TN visa, that allows individuals from Mexico or Canada to work in the U.S. in accordance with the NAFTA agreement.

Immigrant Visa Categories

In addition to nonimmigrant visas, there are several types of visas for immigrants to apply for if they wish to work and live in the U.S.

For example, spouses of U.S. citizens may apply for IR1, CR1, or K-3 visas, depending on the applicant’s needs. While IR1 and CR1 visas allow nonimmigrants to apply for an immigrant visa to enter the country, they will need to await the approval of Form I-130, Petition for Alien Relative. A K-3 visa will enable spouses of American citizens to legally enter the country as nonimmigrants while they wait for the approval of their I-130 application, which can connect them with their loved ones sooner.

If you aren’t currently married, but are engaged to an American citizen and want to live and work in the U.S., you could also apply for the K-1 fiancé(e) visa.

Individuals may want to move to the U.S. primarily for employment purposes, in which cases they can apply for employment-based immigrant visas. These include EB1 visas, which are reserved for priority workers, E2 visas for professionals with exceptional abilities or advanced degrees, and E3 visas for other types of employees across a range of industries. In these instances, employers would be responsible for sponsoring prospective employees while they apply for immigrant status.

Additionally, there are immigrant U.S. visa categories available for religious workers, Iraqis or Afghans who worked with the American government, translators or interpreters from Iraq or Afghanistan, and other immigrants seeking legal residency or employment in the U.S.

Are There Special U.S. Visa Categories?

The Special Immigrant Visa program allows immigrants to live permanently in the U.S. if they provided aid to the U.S. government.

This visa type started in 1965 as a means of allowing more qualifying immigrants into the country who meet the criteria. For instance, special immigrant visa applicants must be either lawful permanent residents (LPRs) returning from another country, immigrants who served as ministers with applicable religious organizations in the U.S., or Panamanian nationals at risk due to the Panama Canal Treaty.

In recent years, the government has issued more SIVs to help Afghan and Iraqi refugees. If you are an Afghan or Iraqi translator or another worker who assisted the U.S. government, or if your life is at risk because of your association with U.S. government work, you may be able to apply for an SIV.

How to Prepare for the Visa Application Process

Regardless of the type of visa you ultimately decide to apply for, you will need to go through a strict visa application process before you can receive your visa. A mistake along the way could lead to the U.S. Citizenship and Immigration Services (USCIS) rejecting your application.

The following are ways you can prepare for the application process to keep it smooth and increase your chances of success:

Make Sure Your Passport Is Valid

One of the most important pieces of documentation you’ll need during the visa application process is your passport. This passport must be valid and contain all accurate, up-to-date information. It must also be valid for a minimum of six months following your period of stay in the country, with exceptions.

Gather Supporting Documents

You will need other documentation to support your application, with immigrant visa applications requiring more documentation than nonimmigrant visas.

You will need the following documents to support your nonimmigrant visa application:

• DS-160 confirmation page
• A 2″x2” photo of you against a white background that’s no more than six months old at the time of applying
• I-797 approval notice for R, L, and H visa applicants
• I20 or DS-2019 and fees for J, M, and F visa applicants

Depending on the circumstances of your visit and the desired U.S. visa category, you may also need to provide other types of documentation, such as details about the nature of your trip to the U.S., your ability to cover the expenses of the trip, and proof of your intent to leave the U.S. after your period of stay.

Prepare for Your Interview

Another critical step you must take is an interview with a USCIS officer. To succeed with your interview, you should schedule and complete the necessary medical examination, know the visa program you’re applying for, and know what types of questions the interviewer will likely ask about you.

You should also ensure you have all necessary supporting documentation to help you during your interview.

How an Immigration Attorney Can Help You Pick the Right Visa

The visa application process can be daunting, regardless of whether you’re applying for immigrant or nonimmigrant U.S. visa categories. If you need help identifying the right visa for you and completing the application process, experienced immigration legal services attorneys in Chicago can help.

Lawyers can help you understand the four types of immigration statuses in the U.S. and connect you with the right visa based on your desired status. Additionally, they can provide information about the different types of visas and what you’ll need to qualify for them, such as the differences between a fiancé visa vs. spouse visa.

Not only can they help you pinpoint the right US visa categories, but they can also assist you before and during the application process. They can start by helping prepare all documentation you’ll need based on your visa category, complete the application with all relevant, accurate information, and keep track of your application’s process as it awaits USCIS approval.

Chicago immigration attorneys may also provide representation if you face immigration issues such as removal and deportation, helping to keep you in the country.

If you would like help from a dependable immigration lawyer in Chicago, call Cho Immigration Law at 312-853-3088 for assistance with your case.

When applying for an F-1 student visa in the U.S., the process will involve completing the appropriate documents and gaining acceptance into a specific educational program, among other steps. Knowing what to expect and the requirements for a student visa can help international students successfully live in the country as students.

What Is the F-1 Student Visa?

The F-1 student visa is a type of nonimmigrant visa allowing students from other countries to gain an education in the U.S. If you want to enter the country on this visa, you need to enroll in a program with a U.S.-based accredited educational institution. You can remain in the country as long as this visa is valid.

Depending on your situation, you can also obtain another visa to continue living and working in the country, such as an H-1B work visa.

What Are the Eligibility Requirements for the F-1 Visa?

There are criteria you must meet if you want to become a student in the U.S. on an F-1 visa. The requirements for the student visa include:

• Acceptance into a program at an accredited educational institution in the U.S. that falls under the Student and Exchange Visitor Program (SEVP).
• Proficiency in English or working toward proficiency in English through relevant courses.
• Enrollment as a full-time student with the SEVP-approved school.
• Completion of the application from outside the country.
• Ties with your country of origin, proving that you intend to return to your country after completing your studies on your F-1 visa.
• Adequate financial funding to support your education and stay in the U.S.

If you meet all of these requirements, you may successfully apply for and obtain a student visa.

Step-by-Step Process for Obtaining an F-1 Visa

Once you’re eligible to apply for the F-1 visa, the process is complicated and lengthy, which is why you may need to consult immigration legal services attorneys for help navigating the entire application process.

The following are the steps involved in the application process for this student visa:

1. You must gain acceptance into an SEVP-approved school, after which you will be in the Student and Exchange Visitor Information System (SEVIS), which is the system the SEVP uses for tracking nonimmigrant students and educational institutions.
2. The next step is to pay the application fee for Form I-901, which is currently $350.
3. After paying your fee, your educational institution will send you Form I-20, which labels you as an official student to further allow eligibility.
4. Once you’ve completed and submitted Form I-20, you can apply with your country’s U.S. consulate or embassy for the F-1 visa.
5. You must also complete Form DS-160, which requires many details to prove eligibility for the F-1 visa.
6. You will then attend an interview with an official at your country’s U.S. consulate or embassy. However, individuals under the age of 13 or over 80 will be exempt from this requirement.
7. After the interview, you must then pay the $185 application fee to complete the process, but you may also need to pay an additional issuance fee.
8. Wait for the visa application process to complete and receive your visa.

What Is Considered an SEVP-Approved Educational Institution?

SEVP-approved schools have received certification from the Department of Homeland Security (DHS) to be a part of the SEVP program. Schools must petition for certification by completing Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student. Once a school has received certification, it will be in the SEVIS system.

Required Documentation for F-1 Visa Application

You will need multiple documents to prove eligibility when applying for your F-1 visa, including Form I-20, a letter of admission from your SEVP-approved school, bank statements and other financial documentation, a valid passport, Form DS-160, two qualifying photos, a receipt for payment of the SEVIS fee, and a Machine Readable Visa (MRV) fee.

Challenges in the F-1 Student Visa Process

When applying for an F-1 student visa, there are challenges you might face along the way. Knowing what these issues are and how to avoid them could help you keep the process smooth and ensure you’re able to receive your visa.

Ineligibility

One of the main challenges you might encounter is ineligibility that leads to a rejection of your application. There are many requirements to apply and steps involved in the application process. Any mistakes, missing information, missing documentation, or other issues could make it difficult or impossible to receive your visa.

Make sure you have everything in order before completing Form I-20 and other forms, and ensure you have sufficient supporting documentation to complement your application.

Overstaying the Visa

Like other types of visas, you only have a limited amount of time to stay in the U.S. and study before your F-1 visa expires. It’s important to know what to do when you overstay your visa if you want to avoid removal and deportation.

Generally, in the case of an F-1 visa, it’s in your best interest to return to your country of origin if you’re in the U.S. when your visa expires. The reason for this is that you won’t have a valid immigration status once the period of authorization is over.

There are four types of immigration statuses in the U.S. to keep in mind. As an F-1 visa-holder, you will classify as a nonimmigrant who doesn’t have the ability to work and live in the U.S. without a student visa.

Once you have returned to your home country, you may begin applying for another student visa or another visa classification. For example, you could apply for an H-1B worker visa if you gain employment with a U.S.-based employer. While you would still need to leave the country during the application process, you could work with U.S. Citizenship and Immigration Services (USCIS) at your country’s consulate to regain entry into the U.S. on a valid visa.

One exception if you overstay your visa is if you are married to an American citizen. In the event of an overstay, your spouse with citizenship could sponsor you as an immediate family member to help you establish lawful permanent residence in the U.S.

Working in the U.S. on Your F-1 Visa

You may want to seek employment in the U.S. while on your student visa, but you must remember that your ability to work is limited on this particular visa type.

Students in the U.S. on an F-1 visa typically cannot gain employment outside their school, with most jobs relegated to on-campus work. If you attempt to work in the U.S., the government could deem you unlawfully present in the country, which could lead to removal and deportation.

As such, you should go through the necessary channels to gain lawful employment in the country while on your student visa. This could entail applying for an H-1B visa once your student visa has expired, and you return to your home country. You could also go through USCIS to receive an Employment Authorization Document (EAD) that allows you to legally work in the country.

How an Immigration Lawyer Can Help You With Visa Delays or Rejections

The application process for the F-1 student visa can be complex, and there are many points when you might face rejection or delays during the process. To help ensure you avoid issues when applying, it’s important to consult an immigration lawyer in Illinois to discuss your needs.

The right attorney can take several key steps to help you complete the application process. For example, he or she could help you prepare all documentation, including the forms you need to complete and the collection of all supporting documents.

In addition, an attorney can work with you to reapply for a visa if you receive an initial rejection, ensuring you meet all eligibility criteria.

Another way an attorney can help is by assisting with the application for a different type of visa, such as an H-1B visa. The process of applying for another visa type while on a student visa can be challenging, but an attorney may handle this for you while you focus on studying at your SEVP-approved institution.

If you face serious repercussions for overstays or other issues such as deportation, an attorney will provide representation to help prevent removal and deportation in many cases.

Understanding the F-1 Visa Process

The F-1 student visa gives international students plenty of opportunities to study in the country at approved institutions. By completing the necessary forms, collecting critical supporting documentation, gaining approval from an SEVP-certified school, and taking other key steps, it’s possible to successfully secure the F-1 student visa.

The two main types of visas in the U.S. are immigrant visas and non-immigrant visas, with immigrant visas applying to individuals who wish to gain permanent residency in the country, while non-immigrant visas go to individuals who only want to stay in the country for a limited period of time, whether for work or another purpose.

Knowing more about the difference between immigrant visas and non-immigrant visas can help you determine which to apply for and what to expect with the application process.

What Is an Immigrant Visa?

If foreign nationals entering the U.S. want to live and work in the country on a permanent basis, they must apply for immigrant visas. In most cases, applying for an immigrant visa involves getting a sponsorship from either a family member or an employer who can support the person filing. However, some applicants, such as investors and those with Extraordinary Abilities on EB-1 visas, may apply.

Upon receiving an immigrant visa, recipients can begin the process of obtaining a green card that officially labels them as lawful permanent residents (LPRs) who can live and gain employment in the U.S.

Categories of Immigrant Visas

There are several immigrant visa categories that foreign nationals may apply for before becoming green card holders. These categories include:

• K-1 and K-3 Visas: While a K-1 visa allows fiancées and fiancés to marry American citizens, a K-3 visa allows spouses of U.S. citizens to become LPRs as they wait for the approval of their I-130 immigrant applications.
• IR1 and CR1 Visas: Both of these allow immigrants to enter the U.S. with the help of a sponsor with American citizenship.
• IR2, IR5, CR2, F1, F3, and F4 Visas: These visas enable immigrants to enter the country through family member sponsors, which could include parents, children, and other immediate family members.
• F2A and F2B Visas: People entering on these visas will have a sponsor who is an LPR at the time of filing.
• E1, E2, and Other Employment-Based Visas: Different types of workers could enter the U.S. with the sponsorship of employers in different industries and lines of work.

What Is a Non-immigrant Visa?

Foreign nationals can apply for non-immigrant visas if they want to enter the country on a temporary basis. They might want to enter the country for a variety of reasons, including work, education, urgent medical care, or leisure.

Non-immigrant visas won’t allow applicants to become LPRs or American citizens, but they could seek an immigrant visa later. These applicants will need plenty of supporting documentation and official authorization before they can apply for a non-immigrant visa, depending on the nature of their visit to the U.S.

Categories of Non-immigrant Visas

Like immigrant visas, there are multiple non-immigrant visa categories for which foreign nationals may apply.

For example, one common type of non-immigrant visa is the B-1 visa, which applies to domestic employees seeking work in the U.S. along with amateur and professional athletes entering the U.S. to compete.

Another type of non-immigrant visa is H-1B, which allows physicians and others in specialty occupations to enter the country for work purposes. Meanwhile, some foreign nationals may apply for an H-2A visa for temporary agricultural work or an H-2B visa for temporary work of another nature.

Students, on the other hand, could apply for F or M visas to seek education in the U.S.

If you’re not sure which category of visa to seek as either an immigrant or non-immigrant entrant, immigration legal services attorneys can help you identify and apply for the correct category.

Also, depending on the type of visa, you may need authorization from U.S. government agencies, including the Department of Labor, U.S. Citizenship and Immigration Services (USCIS), or the Student and Exchange Visitor Program (SEVIS) under U.S. Immigration and Customs Enforcement (ICE).

Challenges in Obtaining Immigrant and Non-immigrant Visas

If you’re seeking either an immigrant or non-immigrant visa in the U.S., there are challenges you may face in your path to becoming a temporary visitor or an LPR. These challenges include:

A Complex and Lengthy Immigration Process

Depending on the current situation in the country, such as the backlog of applications the government must review, along with the type of visa you want to apply for, the visa application process can be difficult to navigate and take a long time to complete.

You may need authorization from the government and plenty of supporting documentation that explains the nature of your entry into the country and proves that you can legally enter as a visitor or resident.

By taking the right steps and working with an attorney, you may be able to expedite the process and gain a faster path toward entry or citizenship.

Getting the Help of a Sponsor

Most visa applicants won’t be able to self-petition, meaning they’ll need to seek sponsorship from a qualifying individual to help them gain entry into the U.S. The specific type of sponsor the person has will depend on the visa type, and this individual could include a family member, employer, or another LPR or U.S. citizen willing to support the visa applicant.

It can be challenging finding the right sponsor to help you streamline the visa application process, but this is another area where an attorney can help.

Preparing Necessary Documentation

You will also need to ensure your paperwork is in order to successfully apply for any visa. There may be a lot of documents you need to prepare and complete with accurate information.

Types of documentation may include:

• Passport
• Birth certificates
• Photos
• Military records
• Proof of relationship to your sponsor
• Financial documents

If you fail to submit sufficient or accurate documentation, you may fail to get through the visa application process. An attorney with experience handling these types of cases may help you prepare all paperwork to ensure it’s ready for submission.

Visa Interviews

Before the government approves your visa application, you must complete an interview with an agent. This agent will ask you questions about your application and the nature of your visit to the U.S., along with your history, occupation, and family. You should take plenty of time to prepare for this interview, including answers to questions and supporting documentation that the agent can review.

An experienced immigration lawyer can help you with this and work with you to prepare for your interview.

What Are the Benefits of Hiring an Immigration Lawyer?

There are several advantages of hiring an immigration attorney to handle your case.

An immigration lawyer can lend legal knowledge to help you navigate the application process. The legal landscape is always changing when it comes to immigration law, and an attorney will keep up with it to help you comply with the latest regulations, laws, and policies in place.

You can also get help completing and filing paperwork to avoid clerical issues and mistakes when government agencies review your application. Even small errors on your application or any missing documentation could mean the difference between success and failure in your case.

In addition, you’ll learn all about what it will take for you to succeed with your case, such as how family-based immigration works if you’re entering the country with an immediate family member as a sponsor.

Know What to Look for in a Lawyer

If you want to successfully apply for either an immigrant or non-immigrant visa, and you want an attorney’s help, you must find the right lawyer to assist you based on your unique needs. Knowing what to look for when hiring an immigration lawyer in Chicago can go a long way in helping you achieve success with your application.

Not all immigration lawyers are the same—some might be more capable of handling your case than others.

For instance, you should seek the help of a lawyer who has experience handling cases similar to yours. Say you’re entering the country as a non-immigrant for work purposes; this would warrant the help of an attorney who knows how to handle non-immigrant cases.

Look for an attorney with plenty of experience. A good attorney will have years of experience in his or her practice area, and a large firm will have plenty of people on staff to help with handling client cases, including paralegals and assistant attorneys. You should know exactly who will help you handle your case, whether it’s the attorney you initially discuss your case with or other staff.

Understanding the Difference Between Immigrant and Non-immigrant Visas

If you plan on entering the country for any reason, it helps to know which visa you need to apply for, whether it’s an immigrant or non-immigrant visa. Seek the right category and properly prepare your application accordingly.