Immigration Law Basics : About Visas and Status
Posted Aug 21, 2000

Under immigration law, the concept of a visa is distinct from the concept of status, even though in discussions the word "visa" and the word "status" are often used interchangeably. The word "visa" in immigration law refers to the visa stamp issued by the U.S. consulate in the foreign country to enable a person to board a flight to the U.S. On the other hand, a person is given "status" at the U.S. Port of Entry, by the INS officer.

For example, the U.S. Consulate in Chennai, while issuing a non-immigrant visa (tourist, business, student, etc.) does not guarantee the applicant the right to enter the United States. The visa should be viewed as permission to travel to the U.S. to request the Immigration Officer (at the Port of Entry) for permission to enter the United States. When a person arrives at a U.S. port of entry and requests admission into the U.S., the person must satisfy the Immigration Officer that s/he meets all the requirements (documents, visa when required, etc.) for admission into the U.S.

The document that indicates what a person's status is, and how long s/he is allowed to stay, is the Form I-94 (Arrival / Departure Record) that gets stapled to the passport at the port of entry. This card indicates the status and the expiration date.

Generally, visas may be granted anywhere from 1 month to 10 years depending on the category of the visa and individual person's eligibility. What this means is that you, as the visa applicant, can travel to the United States from your home country or a third country, at any time during the time that the visa is still valid and has not expired. It does not mean, for example, that you can stay continuously for 10 years, if you have been issued a 10-year visa stamp in the passport. Generally, a tourist who enters on the 10-year multiple entry visa is only given 6 months' time to stay in the U.S. If the person wishes to stay longer in the U.S., it is necessary to file for an extension of status with the INS. Therefore, the key document is the Form I-94 (Arrival / Departure Record) card, which tells you how long you may stay in the U.S. during that visit.

Visas may be granted for single or multiple entries. With a single-entry visa, the person has to re-apply for the visa after s/he returns from the U.S. and wants to travel back again. The multiple-entry visa allows the person to travel to the U.S. as many times as desired within the duration or validity of the visa. H1Bs are almost always multiple entry visas, though the B1 or B2 business or tourist visa may be single- or multiple-entry.

A person who stays in the United States beyond the period for which permission is granted on the I-94 card violates the law and is considered to start accruing unlawful presence in the U.S. This "overstay" could result in the person being subject to 3-year or 10-year bars from entry, or could result in the person being put into "removal" (formerly known as deportation) proceedings.