What Is a Temporary Visa, and How Is it Different from a Green Card?

Being legally allowed to enter and live in the U.S. can be accomplished in multiple ways, each with its own requirements and restrictions. 

A temporary visa allows someone outside the U.S. to travel here for work. Often, the prospective employer fills out the visa application on behalf of the employee. The employment has a fixed end date for this type of visa, which is why it’s called a temporary visa. 

A green card is issued to someone who has been cleared to live and work in the U.S. permanently. There are multiple ways to approach applying for a green card, including being sponsored by a family or employer in the U.S., through humanitarian programs, refugee or asylum status, or applying directly with the U.S. Citizenship and Immigration Services (USCIS). 

If I Have a Temporary Visa in the U.S., How Do I Transition to a Green Card?

There are several steps involved in transitioning from a temporary visa to a green card. Having a temporary visa is not a guarantee that someone will receive a green card. There are still requirements and restrictions involved. As applying for a green card can be complex and time-consuming, it’s highly recommended that you work with an experienced immigration and green card attorney. 

In order to start the transition, the applicant must file an adjustment of status application. This can be done while they’re legally in the U.S. on a temporary visa. If the applicant isn’t in the U.S., they must go through a U.S. Department of State location consulate abroad. Then, there are several steps to complete, not all of which to apply to every immigrant:

Green Card Eligibility Category

There are numerous categories of green card eligibility, and it’s vital to apply for the right one for your situation. Among the categories are family members of a U.S. citizen or legal permanent resident, through employment not meant to be temporary (such as skilled jobs needed on an ongoing basis), special immigrants (such as religious workers coming to work for nonprofits or juveniles who have been abused, abandoned, or neglected), refugee or asylum status, victims of human trafficking and crimes, and victims of abuse.

File an Immigrant Petition

This often must be done by someone else, just as applying for a temporary visa requires. However, there are some circumstances in which the applicant can file the petition. Most–but not all–green card categories require an approved immigrant petition to start the green card process. To understand what your case may require, work with an experienced immigration attorney.

Visa Availability

Some applicants have to wait until a visa becomes available, as limited numbers are offered. If that’s the case, the applicant will have to check on the availability and hold off on the rest of the process until they can secure the visa.

Form I-485

People with temporary visas who are in the U.S. and meet eligibility requirements for their green card category must then file a Form I-485 with the USCIS.

Biometrics Services Appointment

Once Form I-485 is filed, you’ll be given an appointment for a biometrics services appointment, during which your fingerprints, signature, and photo will be collected.

Some applicants must undergo an interview once their Form I-485 is filed. When the interview day arrives, the applicant should bring all original documentation referenced in Form I-485, including passports and travel documents.

Additional Evidence

There are situations in which the USCIS requires additional information. You will be informed of what’s needed and when and where to supply it. 

Wait for the Decision

Once all the steps that are required in your case have been completed, the USCIS will determine whether or not to approve the green card. You’ll receive a written decision either approving the green card (which will then arrive separately) or denying it. If it’s a denial, the letter will explain why it was denied and whether or not you’re eligible to appeal the denial. Most of the time, an adjustment of status that’s been denied can’t be appealed. There are a few situations where it can be, and there’s sometimes a possibility to file a motion to reopen the application or reconsider it. If you’ve been denied, contact an experienced immigration attorney. 

What Benefits Come with a Green Card?

There are several, which is why many immigrants strive to receive one. It allows the holder to apply for employment in the U.S., obtain a Social Security card, and obtain a driver’s license issued in the state where they live. It also allows the holder to travel outside the U.S. for up to one year and still be readmitted to the U.S.

What Should I Do if I Have a Temporary Visa and Want to Pursue Applying for a Green Card?

Call the Boykin Law Firm PLLC at 202-796-6644 to learn more. Applying for a green card can be complicated, and one small error can derail the entire process. As an experienced immigration attorney, I understand what’s at stake and how to manage the complexities of filing for a green card. I can help you understand your options and what it might take to finally earn that green card.