IMMIGRANT VS.NONIMMIGRANTS

The Immigration and Nationality Act, governing the admission of aliens into the United States, divides aliens into two broad classes: immigrants and nonimmigrants. Immigrants are those who intend to remain in the United States indefinitely or to take up permanent residence, while nonimmigrants are those who intend to enter the US for a specific purpose of a limited duration.

Every alien applying for admission to the United States is       presumed,     under section 214(b) of the Immigration and Nationality Act, to possess immigrant intent unless he proves that he qualifies for a specific, enumerated nonimmigrant category. In order to qualify for any nonimmigrant classification other than H or L, which are specifically exempted under regulation, the alien bears the burden of proving that he intends to depart from the United States immediately upon the expiration of his status. Most nonimmigrant statuses also require that the alien prove he has a residence abroad that he has no intention of abandoning.

In order to enter the US as an immigrant, a person or organization must file a petition on behalf of the alien. The petitioner can be either a qualifying family member or a US-based employer who is offering the alien permanent employment in the US.