Visas

There are several types of visa categories that affect the ways in which Asians are able to migrate to the United States. Visas are official documents used to prove that one's visit or residence in a country has been formally endorsed by travel or immigration officials and are often subject to the social values, political climate, and international relations of the time. Immigrant visas are more significant for discussions of Asian Americans compared to travel visas, which tend to be for visits to the United States rather than residence. Those with immigrant visas—also informally referred to as or one's papers or green card—are legally known as resident aliens or permanent residents. Immigrants under this status still retain citizenship with their country of origin but are taxed as American residents. They generally receive the same rights and benefits as U.S. citizens with the major exception of not being able to vote. Acquiring an immigrant visa is the first step toward attaining American citizenship—those who have resided in the United States for three to five years, along with other eligibility requirements depending on the visa type, [Page 939]may qualify for naturalization. Without a visa, one cannot lawfully travel to, work, study, or live in the United States and is not granted immigrant rights. Individuals who come to the United States to live and work without visa approval are considered undocumented and pejoratively referred to as illegals in some circles. The process of applying for an immigrant visa is notorious for its complicated paperwork, bureaucratic procedures, high costs, and length of time for processing.

The types and number of visas available to Asians are subject to immigration laws and policies. Up until 1965, Asian migration to the United States was mostly shaped by beliefs that Asians were unable to assimilate. Such logics are evident in the Naturalization Act of 1790, the Page Act of 1875, the Chinese Exclusion Act of 1882, the Gentleman's Agreement of 1907, the Immigration Act of 1917, the Emergency Immigration Act of 1921, the Immigration Act of 1924 (Asian Exclusion Act), the War Brides Act of 1945, and the Immigration and Nationality Act of 1952. The Immigration Act of 1965 is often considered a major turning point in discussions of Asian immigration to the United States because visas were made available on the basis of American labor needs and family relations rather than race restrictions. The Immigration Act of 1990 increased the limits on immigration to the United States and further allowed Asians to enter.