It’s crucial to know the distinction between the visa page or sticker in your passport and your immigration status. In this post, we’ll quickly explain what a visa is and what your immigration status means, to help you maintain your status and avoid legal complications.
What is a visa?
A visa is a stamp or sticker that is placed in your passport and allows you to seek entry to the USA. It is obtained by applying at an embassy or consulate outside of the U.S. However, it’s important to note that a visa only entitles you to travel to a U.S. port of entry and request admission. It’s ultimately up the officer, in their discretion, whether they let you into the country.
Understanding your ‘status‘
Your status refers to the rights and responsibilities you have once you have been admitted to the U.S. It’s tied to the purpose of your visit, outlining what you’re allowed to do while you are in the country. After admission, an I-94 record is created as evidence of your status. You can check your status online by visiting the CBP website, where you will find important information such as the date of admission, your Class of Admission (e.g. this would say ‘WT’ if you enter on an ESTA as a tourist) and your travel history.
The importance of maintaining your status
It is extremely important to maintain your status while you are in the U.S. The I-94 document governs the length of stay that you are authorized to remain in the country legally. If your I-94 expires, regardless of the validity of your visa, you will be considered ‘out of status’ and may begin to accrue unlawful presence. It’s also important to note that sometimes CBP makes mistake when admitting you to the U.S., so check it once you’ve made it into the U.S. because a mistake could be costly—even if it’s not your fault!
Leaving the U.S. on time
To maintain your status, you must leave the U.S. by the ‘admit until date’ specified on your I-94. For certain visas, like the F-1 student visa, you will likely be admissible for ‘D/S’ (duration of status). This just means you have to leave once you have completed your studies/before the relevant grace period ends. Overstaying your status can result in penalties and future difficulties obtaining visas.
Extending your stay or changing your status
If you need to extend your stay or change your status, there are specific procedures that must be followed. It is best to consult with a qualified immigration lawyer for guidance and assistance.
Consequences of violating visa or status terms
It is important to note that violating the terms of your visa or status can have serious consequences, including deportation and difficulties obtaining visas in the future.
Conclusion
In summary, understanding the difference between your visa and your status is crucial for compliance with U.S. immigration laws. By knowing your rights and responsibilities, as well as maintaining your status, you can avoid legal complications. If you need specific guidance or assistance, consult with an immigration lawyer for personalized advice.
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