Nonimmigrant vs. Immigrant

Every person who enters the U.S. has a status. The most common statuses, other than U.S. citizen, are either "immigrant" or "nonimmigrant."

Immigrant Status is given to foreign nationals who intend to live permanently in the United States. Synonymous terms for immigrant status are: Permanent Resident, immigrant, green card holder, and resident alien. Gaining immigrant status can be a lengthy and complex process that requires close consulation with an immigration attorney (See also Permanent Resident Status).

Nonimmigrant status is for foreign nationals wishing to enter the U.S. on a temporary basis – whether for tourism, business, temporary work, or study. Once a nonimmigrant is in the U.S., they are restricted to the activity or reason for which their visa was issued. They may have more than one type of nonimmigrant visa in their passports, but may only be admitted in or hold one status at a time. Most nonimmigrant visas are issued only to applicants who can demonstrate an intent to return to their home country after completing the temporary purpose of their visit to the U.S.

Dual Intent
Individuals who intend to apply for a 'green card" may not be eligible for nonimmigrant status. Their nonimmigrant visa application may be denied if they appear to have the "dual intention" of coming to the U.S. temporarily while pursuing permanent resident status. Presently, only E, H-1 and L category visa holders are allowed to enter and remain nonimmigrants while simultaneously pursuing permanent resident status.

If a visa officer at a U.S. consulate abroad believes that an application for a nonimmigrant visa is only a pretext for an intent to stay permanently once allowed into the U.S., the officer may deny the visa application. The consular officer may conclude that the nonimmigrant does not have the intent to stay temporarily because s/he cannot show significant family or employment related ties to their country of origin.

In Conclusion
If it is your intention to temporarily visit the U.S. as a nonimmigrant student, scholar or other, be aware that the success of your visa application lies in your ability to demonstrate suffiicent ties to your home country. During your visa interview, you may be asked about how your visit to the U.S. fits into your long range plans.

If you are interested in seeking immigrant status, do your research and talk to an immigration attorney about the options before taking any steps in the immigrant or nonimmigrant application process.


	Nonimmigrant vs. Immigrant Status	A-Z Index
Home Students Prospective Students New Students Current Students Exchange Students Practical Training Students Summer Students Returning Students Professors & Researchers Prospective J-1 H-1B TN O-1 Permanent Residents B-1/B-2 Visa Waiver Family UCB Departments Students J-1 Researchers & Faculty H-1B Staff TN Staff O-1 Staff B-1/B-2 Visitors Visa Waiver Visitors Permanent Residents Living at Berkeley Transportation Housing Money Health & Safety Legal Resources Cultural Adjustment Travel & Visas Programs & Workshops Calendar Resource Links About Berkeley International Office Staff Contact US	Every person who enters the U.S. has a status. The most common statuses, other than U.S. citizen, are either "immigrant" or "nonimmigrant." Immigrant Status is given to foreign nationals who intend to live permanently in the United States. Synonymous terms for immigrant status are: Permanent Resident, immigrant, green card holder, and resident alien. Gaining immigrant status can be a lengthy and complex process that requires close consulation with an immigration attorney (See also Permanent Resident Status). Nonimmigrant status is for foreign nationals wishing to enter the U.S. on a temporary basis – whether for tourism, business, temporary work, or study. Once a nonimmigrant is in the U.S., they are restricted to the activity or reason for which their visa was issued. They may have more than one type of nonimmigrant visa in their passports, but may only be admitted in or hold one status at a time. Most nonimmigrant visas are issued only to applicants who can demonstrate an intent to return to their home country after completing the temporary purpose of their visit to the U.S. Dual Intent Individuals who intend to apply for a 'green card" may not be eligible for nonimmigrant status. Their nonimmigrant visa application may be denied if they appear to have the "dual intention" of coming to the U.S. temporarily while pursuing permanent resident status. Presently, only E, H-1 and L category visa holders are allowed to enter and remain nonimmigrants while simultaneously pursuing permanent resident status. If a visa officer at a U.S. consulate abroad believes that an application for a nonimmigrant visa is only a pretext for an intent to stay permanently once allowed into the U.S., the officer may deny the visa application. The consular officer may conclude that the nonimmigrant does not have the intent to stay temporarily because s/he cannot show significant family or employment related ties to their country of origin. In Conclusion If it is your intention to temporarily visit the U.S. as a nonimmigrant student, scholar or other, be aware that the success of your visa application lies in your ability to demonstrate suffiicent ties to your home country. During your visa interview, you may be asked about how your visit to the U.S. fits into your long range plans. If you are interested in seeking immigrant status, do your research and talk to an immigration attorney about the options before taking any steps in the immigrant or nonimmigrant application process.