Green Card and Visas are a Privilege, not a Right
- Wykrota Law Firm
- 10 hours ago
- 1 min read

Obtaining a visa or lawful permanent residency (green card) in the United States is, from both a legal and diplomatic standpoint, a privilege granted by the U.S. government to foreign nationals who meet the criteria established by current immigration laws. This grant is not an automatic right or entitlement for anyone who wishes to enter or reside in the country.
The U.S. immigration system is governed by a set of laws and policies designed to protect national interests, internal security, the labor market, and public order. Therefore, it is the sole responsibility of the U.S. government through its competent authorities, such as the Department of State and the Department of Homeland Security (DHS), to assess, on a case-by-case basis, whether a foreign applicant qualifies for temporary or permanent admission to U.S. territory.
Accordingly, a foreign national's application for a visa or green card does not automatically entitle them to receive it. Even if all required documentation is in order, the final decision involves discretionary judgment and may consider various factors, including personal background, declared purpose of travel, ties to the home country, financial status, and other elements deemed relevant by immigration and consular officers.
In summary, both visas and green cards should be understood as sovereign grants of the United States government. They are privileges awarded under strict regulations, and their issuance is subject to the approval of the relevant authorities, with no legal or contractual guarantee of approval for any applicant.
As such, because it is a privilege and not a right, the U.S. government reserves the authority to revoke, cancel, or even deport a foreign national if deemed necessary.
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