Visa vs. Status
A "VISA"is an entry document issued to a foreign national by the U.S.
Department of State at a diplomatic visa-issuing post abroad (embassy
or consulate office). This document, which is placed in the person's passport,
gives the individual consideration for admittance to the U.S. However,
possession of a valid visa does not guarantee permission to enter the
country. The determination of admissibility is left to the discretion
of the examining immigration officer at the port of entry.
There are many different classes of visa; each one respectively issued
for a specific purpose of presence in the U.S. It is possible for someone
to have more than one type of visa. Length of visa validity varies depending
upon the visa classification and the diplomatic relationship between the
U.S. and the country in which the visa is being issued. Likewise, visas
may be valid for a single entry, dual entry, or multiple entries. Regardless,
once the person is admitted into the U.S., the validity of the visa has
no bearing upon their legal presence. A visa may expire or even be cancelled
at the time of entry, but as long as the person has gained legal admittance,
they may remain in the U.S. until their "status"expires. On the other
hand, an expired visa cannot be used to reenter the country other than
in the case of automatic revalidation when traveling to Canada, Mexico,
and certain adjacent Caribbean islands for a period of 30 days or less,
if the person is eligible for this benefit. Besides this noted exception
and a few specified visa classes, a visa can only be obtained outside
of the country and someone with an expired visa will need to apply for
a new one in order to be readmitted if they leave the U.S.
When an individual is legally admitted to the country, they acquire "STATUS".
This term refers to the condition of legal presence within the country,
and the Immigration and Naturalization Service regulates it. Just like
visas, there are many categories of status, which are defined by non-immigrant
classification designations. Generally speaking, the type, or classification,
of visa used for entry into the country will determine this designation,
and thus, the person?s status. Occasionally, though a person will be classified
in a status that is different from their visa category. The I-94, received
at the time of entry, will indicate the designated status as well as the
expiration date of that status.
A student in F-1 or J-1 status may legally remain in the country for "Duration
of Status", which will be indicated as "D/S"on their I-94. This means
that as long as the person is doing what the regulations specify they
need to do to maintain their F-1 or J-1 status, then they have status
until they are done with their specified academic program, plus an additional
allowable period (60-days for F-1; 30 days for J-1) to prepare for departure
from the country. Other status types, such as B-2 (tourist), will have
a specific expiration date for their status, and they must depart the
country by the specified date or face possible legal consequences, including
potential deportation and/or being barred from future admittance to the
U.S.
It is sometimes possible to change from one status to another while inside
the U.S. by making application to the Immigration and Naturalization Service.
A change of status from within the country, however, does not change the
visa. Therefore, traveling out of the country after changing status necessitates
acquiring a new visa of the class corresponding to the new status to use
for reentry, if retaining that status designation upon return to the U.S.
is desired. Similarly, it may also be possible to obtain a different status
by simply reentering the country using a visa type corresponding to the
category of intended status.
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Last Updated July 31, 2007