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Posted
Jun 21, 2000, updated Mar 25, 2005
©MurthyDotCom
"Visa" and "status" are two concepts that are commonly confused.
Under immigration law, the two concepts are distinct, even though in
discussions, the word "visa" and the word "status" are
used interchangeably. The word "visa" in immigration law refers to
the visa stamp issued by the U.S. consulate in the foreign country which
enables a person to board a flight to the U.S. On the other hand,
"status" is given by the U.S. Customs and Border Patrol (CBP) officer at the port of entry when
one arrives in the United States to allow the person to enter the U.S.
Alternatively, the U.S. Citizenship and Immigration Services (USCIS) may
change or extend the status of a nonimmigrant who is already in the United
States.
©MurthyDotCom
For example, the U.S. Consulate in Chennai, while issuing a nonimmigrant
visa (tourist, business, student, etc.) does not guarantee the applicant the
right to enter the United States. Visa approval is to be viewed as permission to travel
to the U.S. to request the CBP Officer (at the Port of Entry) for
the right 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 provide
the CBP Officer with all the requirements necessary (valid passport,
supporting documents, visa
when required, etc) for admission into the United States.
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The real entry approval is the Form I-94, I-94W, or I-95 (Arrival / Departure Record) that
is stapled to the passport at the port of entry. This card provides one with valid legal status to remain in the United
States for the duration indicated on the card, telling how long s/he may stay in the
United States during that visit.
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Generally, visas maybe 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 one can travel to the United Sates from abroad at any time during the time that the visa is still valid and
has not expired. It does not mean, for example, that an individual can stay
continuously for ten years if s/he has 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 six
months to stay in the U.S. If one wishes to stay in the U.S. longer, s/he has to file for an extension of status with the
USCIS.
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Visas may be granted for single or multiple entries. With a single entry
visa, a person must reapply for the visa after leaving the
U.S., when s/he wishes to return. The multiple entry visa allows the
person to travel to the U.S. as many times as required within the duration
of the visa. H1Bs are almost always multiple entry visas for beneficiaries
from most countries, though the B-1 or B-2
business or tourist visa may be single- or multiple- entry.
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One 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
not to be in legal status. This could result in one's being subject to
the 3-year or 10-year bar or could result in one's "removal" from the United
States. (The old term was "deportation," but
removal is the term currently used.) Even if one does not overstay for 180
days or more, any overstay while in B status results in an automatic
revocation of the B visa, and the person will then have to reapply for a
visa before any subsequent returns to the United States.
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