Immigration Basics: What is the difference between a visa, immigration status and permitted stay in the US (as controlled by your I-94 card)?
One of the most common and basic misunderstandings in immigration law is the distinction between a visa, immigration status and permitted stay in the U.S. Let’s go through these concepts one by one.
What is a visa?
A visa is a document issued by the U.S. Department of State permitting a person to arrive in the U.S. and apply for admission into the country. This is necessary because neither the U.S., nor any other country for that matter, allows airlines or buses to bring people to airports or land ports of entry before knowing whether we intend to let these people into the country. Instead, the U.S. does preliminary screening regarding the purpose of your visit before you come to the U.S. at a consulate or embassy located abroad. A person must apply at the consulate and attend an interview in order to be awarded a U.S. visa. All consulates and embassies are part of the U.S. Department of State, and they are located in most countries in the world.
If I have a visa that is valid for 5 years, what does this mean?
First of all, this does not mean you will be allowed to enter the U.S. for a 5 year period of time. This means instead that during those 5 years, you have the right to arrive in the U.S. and request admission in your particular visa category. The visa category will control how long you are permitted to stay in the U.S. during each visit. For example, if you have a B-2 tourist visa, you will be permitted to stay up to 6 months each trip.
What rights does a visa give me?
A visa give you the right to arrive in the U.S. and apply to be admitted in your visa category. A visa neither guarantees your entry nor does it govern the length of your stay in the U.S. CBP (Customs and Border Protection), another government agency, “greets” you at the airport or land port of entry, inspects your visa, and may ask extensive questions before allowing you to officially enter the U.S. While your maximum length of stay is controlled by your visa category, the CBP officer makes the final decision about the duration of your stay and may permit you less time than the maximum allowed. He should convey to you the duration of your stay by stamping your passport with an entry stamp, which contains an “admitted until” date.
What is a I-94 card?
A I-94 card is a small document that traditionally CBP gave to every foreign national entering the U.S. (except for lawful permanent residents and of course citizens). The card is titled a “entry – departure record” or simply your “admission record” document. This card served two purposes: it both made clear how long you were allowed to be in the U.S., and you were required to turn it into CBP when you departed, so they could confirm that you did not stay beyond your permitted time. With more comprehensive flight records that are integrated with CBP records, it is no longer necessary to turn your I-94 card in since CBP will already have a record of your departure. For this reason, CBP no longer issues I-94 cards to people who arrive by plane. However, you can still retrieve your I-94 record by going to the CBP website and entering your name and passport information. You are not required to retrieve your I-94 card, but you certainly should if you have any doubts about the length of your permitted stay in the U.S. For more on how to retrieve your I-94 card, visit the CBP website.
Why do many people come to the U.S. without a visa?
The United States has an agreement with many countries that visas are not required for short term tourist or business visits that do not exceed 90 days. This program is called the Visa Waiver Program, or VWP for short. Here is a full list of the countries that are part of this program.
If I switch visa categories while in the U.S., am I switching to a new visa?
NO. You cannot get a new visa while in the U.S. (this is a bit counter-intuitive, since it seems like our government should be able to issue new visas while in the U.S.; however, all visa issuance is exclusively delegated to U.S. embassies and consulates located in foreign countries). However, you can change your status from one category to another. For example, a F-1 student can apply to change his status to H-1b. If USCIS (the agency that grants change of status requests) grants the request, a new I-94 card will be issued with a length of stay consistent with your new visa status. However, as soon as the foreign national leaves the U.S., they will be required to visit the consulate or embassy in their home country and apply for a H-1b visa in order to arrive in the U.S. and request admission in H-1b status. Some foreign nationals may go many years without ever applying for a visa in their new category for the simple reason that they have had no need or desire to leave the U.S. and they were able to apply for their change of status and subsequent extensions of status while in the U.S.
Summary of the Differences Between Visas, Immigration Status and Permitted Stay
Visa: A visa is a document issued from outside the country by the Department of State at a U.S. consulate or embassy abroad. It is the required document to request admission into the U.S. (unless you are from a Visa Waiver country and have filled out an ESTA application).
Immigration Status: Your immigration status refers to your immigration status once you are in the U.S. You can change your immigration status while in the U.S. (without applying for a new visa).
Permitted Stay: Your permitted stay is the period of stay authorized by CBP when you arrive at a U.S. airport or land port of entry. Your permitted stay can be extended by filing an application with USCIS, and they will issue a new I-94 card if your request is approved, reflecting your new “admitted until” date.