How Long Does It Usually Take To Get A Visa?

For those foreign nationals anxiously awaiting the opportunity to join family members in the United States, it can seem like an eternity to obtain visas under current immigration law in America.  That is because the system is so full of security and background checks, as well as paperwork and applications from the millions of individuals and immigration law firms applying for visas under U.S. immigration law.  In some cases, the process of obtaining visas can take years, even with the expert help of immigration law firms.  In other cases it is a fairly quick and simple procedure, depending on what kind of visas are being requested and whether or not the petitioner is utilizing an experienced immigration law firm.

Types of Visas          

There are two types of visas under immigration law:  non-immigrant visas for short-term vacation visits and business trips, or immigrant visas for those who desire to establish permanent residence here in the States.  Many non-immigration visas can be obtained without the help of an immigration lawyers, but immigration visas are much more complex and most should retain an immigration law firm to expedite the process.

Temporary Visas     

There is a variety of temporary visas under immigration law under which foreign nationals can come to America, however, most require that the applicant specify the exact reason for which they are coming and may require the assistance of an immigration lawyer to prepare all the forms and fees.  For tourist visas and business trips, immigration law keeps the process simple. These visas can often be processed through the American consulate in the visitor’s home country without the advice of an immigration lawyer.  These visas generally last a year, but an immigration lawyer can help renew them for an additional six months. 

A number of other categories of temporary visas that can be obtained under immigration law, but many have quotas and complex processes that require the assistance of an immigration law firm.  These categories include those for temporary workers, media, students, entertainers, diplomats, religious workers, and more.  The periods for obtaining these temporary visas vary widely, as do the quotas and application processes.  However, even the slightest error can result in rejection, so even the simplest application can benefit from a skilled immigration lawyer. 

For example, temporary work visas have an additional list of sub-categories with their own priorities and quotas.  However, in most cases the applicant must have a specific employer and position for which they will work in the U.S.  That employer applies for visas and a labor certificate through their own immigration law firm.  That immigration lawyer can help provide the required proof that the foreign worker is filling a position that cannot be filled by an American worker and that the worker will receive comparable pay.  Once the application and labor certificate are granted, the applicant and their immigration law firm track the progress and wait for a visa number, which can take years.  When such visas are finally obtained, the foreign national is permitted under immigration law to work in the U.S. for three years, with a possible three-year extension. 

Permanent Resident Visas

Permanent resident visas, or green cards, allow the holders to stay in this country indefinitely; however, they are more difficult to obtain, can take longer to complete, and are so complex that they usually require the oversight of an immigration law firm.  These visas are available both to foreign nationals and to those aliens already in this country with temporary visas who apply for an adjustment in status with the help of their immigration lawyer.

The quickest way to obtain immigrant visas is through the sponsorship of a family member, preferably an immediate family member.  Immediate family members who are U.S. citizens have no quotas and have the highest priority for bringing immediate family members into this country.  However, the process is still complex and will be expedited with the expertise of an immigration law firm.  More distant family members, who are citizens, or those who have permanent immigrant visas, also have a high priority, but they are subject to quotas under immigration law and the process may still take years.

Diversity Lottery Visas

Some countries where fewer foreign nationals apply for visas are placed in a “diversity immigration program” by immigration law.  There are specific requirements for applicants for these visas in the qualified countries, which must be met stringently, and should employ an immigration attorney to ensure accuracy.  Visas are chosen from the applicants by lottery, making it a very imprecise process.