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What is the difference between a non-immigrant and an immigrant visa?

As a lawyer, the difference between a non-immigrant and an immigrant visa is that a non-immigrant visa is granted to a person who seeks to come to the United States temporarily for a specific purpose, such as tourism, business, student exchange or temporary work, and intends to return to their home country at the end of their authorized stay. On the other hand, an immigrant visa is granted to a person who intends to live permanently in the United States and pursue a path to citizenship.

Non-immigrant visas are usually granted for a limited period of time, typically ranging from a few months to several years, depending on the type of visa and the purpose of the visit. Non-immigrants must abide by the terms and conditions of their visas and are not allowed to engage in activities that are inconsistent with the purpose of their visas, such as working or studying without proper authorization.

Immigrant visas, by contrast, are intended to provide a path to permanent residence in the United States. Immigrants must have a lawful basis to enter the United States, such as through family sponsorship or employment, and are required to undergo a rigorous screening process that assesses their eligibility for admission. Once granted an immigrant visa, the person becomes a lawful permanent resident (LPR) and is granted the right to live and work in the U.S. indefinitely.

It is important to note that the distinction between non-immigrant and immigrant visas is crucial, as intending immigrants who enter the U.S. on a non-immigrant visa and then attempt to adjust their status to that of a permanent resident can face significant legal hurdles and may be barred from obtaining permanent residence or even barred from entering the U.S. at all.

In conclusion, a non-immigrant visa is granted to someone who seeks to come to the United States temporarily, while an immigrant visa is granted to someone who intends to live permanently in the United States. However, the specifics regarding each type of visa may vary depending on the relevant jurisdiction and individual circumstances, and thus it is always advisable to seek legal advice from a licensed attorney.