Key points
- A visa lets you travel to a U.S. port of entry and apply for admission; it does not guarantee entry, and its validity is not the length of your stay.[1][2]
- Your Form I-94 arrival/departure record, kept electronically by CBP, is the record of your admission.[3]
- A green card is proof of lawful permanent residence, which lets you live and work permanently in the United States.[4][5]
- Citizenship through naturalization comes after permanent residence and its own requirements; only citizens can vote in federal elections.[6][7]
A visa, a green card and citizenship are three different things. A visa is a travel document that lets you come to a U.S. port of entry and ask to be admitted; it does not guarantee entry, and it does not set how long you may stay.[8][1][2] A green card is proof of lawful permanent residence, which lets you live and work permanently in the United States.[4][5] Citizenship is the status a permanent resident can apply for through naturalization once the requirements are met.[6] Having one does not mean you have the others.
Visa, green card and citizenship side by side
| Visa | Green card | Citizenship | |
|---|---|---|---|
| What it is | A document issued abroad that lets you apply for admission at a port of entry.[8][9] | The card that shows lawful permanent residence.[4][5] | For immigrants, the status granted through naturalization.[6] |
| What it lets you do | Ask to be admitted; it does not guarantee entry.[1] | Live and work permanently in the United States.[5] | Rights such as voting in federal elections, federal jury service and a U.S. passport.[7] |
| Timing | You are admitted for a set time and conditions; the visa's validity is only the period for applying for admission.[2][10] | The status continues until it changes; the card must be replaced when it expires.[4][11] | Generally after 5 years as a permanent resident, or 3 years for some spouses of citizens.[12][13] |
| Common mix-up | An expired visa stamp is not the same as an expired stay.[2] | An expired card is not lost status.[4][11] | A green card holder is not a citizen.[6] |
A visa: permission to ask for entry
A nonimmigrant visa is a visa properly issued to someone as an eligible nonimmigrant, and an immigrant visa is one issued by a consular officer outside the United States to an eligible immigrant.[8][9] Either way, the visa is not the entry itself. Admission is the lawful entry into the United States after inspection and authorization by an immigration officer.[14] And the law says plainly that a visa does not entitle anyone to be admitted if, on arrival at a port of entry, they are found inadmissible.[1]
A person who is paroled into the United States is not considered admitted, which matters for some later applications.[14]
Your I-94: the record of your stay
When you are admitted, your arrival and departure are recorded on Form I-94. CBP now collects this information electronically, and travelers who need to prove their status to employers, schools or government agencies can get their record online.[3]
A nonimmigrant is admitted for a set time and under set conditions.[10] That is why the visa stamp and the I-94 can show different dates. The validity of a nonimmigrant visa is only the period during which you may use it to apply for admission; it has no relation to how long the officer at the port of entry authorizes you to stay.[2]
Immigrant or nonimmigrant
The law lists the nonimmigrant classes, such as visitors, students and temporary workers, and treats every other noncitizen as an immigrant.[15] Nonimmigrant status is temporary and tied to a purpose. Examples in this guide:
- Work visas such as the H-1B, O-1 and L-1, compared in H-1B, O-1 or L-1.
- The K-1 fiancé(e) visa, which is a nonimmigrant visa that leads to a green card only through marriage to the petitioner.[16] K-1 or marry first explains it.
An immigrant visa, or an application to adjust status inside the United States, is the step toward permanent residence.[9][17]
A green card: permanent residence
Lawful permanent residence is the status of having been lawfully given the privilege of residing permanently in the United States as an immigrant, as long as that status has not changed.[4] USCIS says the Green Card, officially the Permanent Resident Card, allows you to live and work permanently in the United States.[5]
The card and the status are not the same thing. USCIS says you must replace a card that has expired or will expire within the next six months.[11] While a renewal is pending, the Form I-90 receipt notice together with the expired card serves as evidence of your status.[11] Government fees for a replacement card change; check the USCIS fee schedule, Form G-1055.[18]
Some green cards are conditional. A person who becomes a permanent resident through a marriage less than 24 months old receives conditional status, and must later file to remove the conditions.[19][20] Permanent residents also have duties, such as reporting a change of address to USCIS within 10 days of moving.[21]
Citizenship
For most immigrants, citizenship comes through naturalization: the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements set by Congress.[6] The general rule is 5 years of continuous residence as a permanent resident, or 3 years for someone living in marital union with a U.S. citizen spouse, with physical presence for at least half that time and good moral character.[12][13] Ready to apply for citizenship? walks through the checklist.
A green card holder is not a citizen. USCIS points out that only citizens can vote in federal elections and serve on federal juries, and that a U.S. passport lets you get help from the U.S. government abroad.[7]
How people move from one to the next
- Visa and admission. A visa lets you ask to be admitted; the admission, recorded on the I-94, sets your status and stay.[14][3]
- Permanent residence. Through a family petition, an employment petition, a self-petition, asylum, or another route. For example, a citizen or permanent resident petitions for a spouse on Form I-130, and an asylee may apply after at least one year of physical presence following the grant.[17][22]
- Citizenship. After the required years of permanent residence, through naturalization.[12][6]
Not everyone takes every step, and some people stay in one status for years. The EB-1A or EB-2 NIW and asylum, withholding and CAT pages cover two of the routes in more detail.
Common confusions
- "My visa expired, so I am out of status." Not necessarily: the visa's validity is not the length of your stay.[2] Check your I-94.[3]
- "I have a visa, so I will be let in." A visa does not guarantee admission.[1]
- "My green card expired, so I lost my residence." The card expires; the status continues until it changes. Replace the card.[4][11]
- "A green card holder can vote." Only citizens can vote in federal elections.[7]
- "Parole is the same as admission." A paroled person is not considered admitted.[14]
Joya Law Firm's frequently asked questions page has short answers to other common questions.
Common questions
My visa stamp expired, but I am still in the United States. Am I out of status?
Not necessarily. The validity of a nonimmigrant visa is the period during which you may use it to apply for admission, and it has no relation to how long you were authorized to stay.[2] Your admission is for the time and conditions set when you were admitted, recorded in your I-94.[10][3] If the stay on your I-94 has passed or you are unsure, get advice.
Is a green card holder a U.S. citizen?
No. A green card holder is a lawful permanent resident.[4] Citizenship is a separate status that a permanent resident can apply for through naturalization.[6] Some rights, such as voting in federal elections and serving on a federal jury, belong only to citizens.[7]
My green card expired. Did I lose my permanent residence?
The card and the status are different. Permanent residence is a status that continues until it changes.[4] USCIS says you must replace a card that has expired or will expire within six months, and that the Form I-90 receipt notice, together with the expired card, serves as evidence of your status while the renewal is pending.[11]
Sources
- 8 U.S.C. § 1201(h) — Legal Information Institute, Cornell Law School
- 22 C.F.R. § 41.112(a) — Legal Information Institute, Cornell Law School
- CBP, Arrival/Departure Forms: I-94 — cbp.gov
- 8 U.S.C. § 1101(a)(20) — Legal Information Institute, Cornell Law School
- USCIS, Green Card — uscis.gov
- USCIS, Citizenship and Naturalization — uscis.gov
- USCIS, Should I Consider U.S. Citizenship? — uscis.gov
- 8 U.S.C. § 1101(a)(26) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1101(a)(16) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1184(a)(1) — Legal Information Institute, Cornell Law School
- USCIS, Replace Your Green Card — uscis.gov
- 8 U.S.C. § 1427(a) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1430(a) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1101(a)(13)(A)-(B) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1101(a)(15) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1255(d) — Legal Information Institute, Cornell Law School
- USCIS, Form I-130 — uscis.gov
- USCIS, Form G-1055, Fee Schedule — uscis.gov
- 8 U.S.C. § 1186a(a)(1), (h)(1) — Legal Information Institute, Cornell Law School
- USCIS, Form I-751 — uscis.gov
- USCIS, Form AR-11, Alien's Change of Address Card — uscis.gov
- 8 U.S.C. § 1159(b) — Legal Information Institute, Cornell Law School