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Oct 27, 2011
Visa vs. Status
Visa vs. Status
In the area of immigration, Visa and Status are simple but often-confusing concepts. Roughly put for comparison purposes:
A Visa is an entry ticket that you must present at the port of entry in order to "enter" the U.S. The expiration date on your visa determines how long you can use it for "entry" purposes; it does not determine how long you can stay in the U.S. Visas are ...issued by U.S. Embassies/Consulates (part of the Department of State) abroad.
Once you are admitted, you are given a Status--something you must maintain in order to "stay" in the U.S. Your I-94 determines what status and how long you can "stay." You initially receive a white I-94 at the port of entry; if you apply for change/extension of status to USCIS (part of the Department of Homeland Security) and they approve it, you get a new I-94 as the bottom portion of the approval notice.
Therefore, you can lawfully stay in the U.S. even if your visa has already expired, as long as you maintain your status through timely extension/change of status.
However, there are variations depending on the details of each case, so please consult our office to find out what needs to be done in order to lawfully enter/stay in the U.S.
A Visa is an entry ticket that you must present at the port of entry in order to "enter" the U.S. The expiration date on your visa determines how long you can use it for "entry" purposes; it does not determine how long you can stay in the U.S. Visas are ...issued by U.S. Embassies/Consulates (part of the Department of State) abroad.
Once you are admitted, you are given a Status--something you must maintain in order to "stay" in the U.S. Your I-94 determines what status and how long you can "stay." You initially receive a white I-94 at the port of entry; if you apply for change/extension of status to USCIS (part of the Department of Homeland Security) and they approve it, you get a new I-94 as the bottom portion of the approval notice.
Therefore, you can lawfully stay in the U.S. even if your visa has already expired, as long as you maintain your status through timely extension/change of status.
However, there are variations depending on the details of each case, so please consult our office to find out what needs to be done in order to lawfully enter/stay in the U.S.