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Visitor or
Tourist Visa
What Does the Visa
Expiration Date Mean?
The visa expiration date is shown on the visa. Depending on
the alien’s nationality, visas can be issued for any number
of entries, from as little as one entry to as many as multiple
(unlimited) entries, for the same purpose of travel.
- This
generally means the visa is valid, or can be used from the
date it is issued until the date it expires, for travel
for the same purpose, when the visa is issued for multiple
entry.
- This
time period from the visa issuance date to visa expiration
date as shown on the visa, is called visa validity.
If you travel frequently as a tourist for example, with a
multiple entry visa, you do not have to apply for a new
visa each time you want to travel to the U.S.
- As
an example of travel for the same purpose, if you have a
visitor visa, it cannot be used to enter at a later time
to study in the U.S. The visa validity is the length of
time you are permitted to travel to a port-of-entry in the
United States to request permission of the U.S.
immigration inspector to permit you to enter the U.S. The
visa does not guarantee entry to the U.S.
- The
Expiration Date for the visa should not be confused with
the authorized length of your stay in the U.S., given to
you by the U.S. immigration inspector at port-of-entry, on
the Arrival-Departure Record, Form I-94, or I-94W for the
Visa Waiver Program. The visa expiration date has nothing
to do with the authorized length of your stay in the U.S.
for any given visit.
- There
are circumstances which can serve to void or cancel the
period of time your visa is valid. If you
overstay the end date of your authorized stay, as provided
by the Department of Homeland Security's U.S. immigration
officer at port of entry, or United States Citizenship and
Immigration Services (USCIS), then this action on your
part generally will automatically void or cancel your
visa. However, if you have filed an application in a
timely manner for extension of stay or a change of status,
and that application is pending and not frivolous, and if
you did not engage in unauthorized employment, then this
normally does not automatically cancel your visa. If you
have applied for adjustment of status to become a
permanent resident alien (“green card” holder), you
should contact USCIS regarding obtaining Advance Parole
before leaving the U.S.
- Each
time you arrive at the port-of-entry, a U.S immigration
officer decides whether to allow you to enter and how long
you can stay. Only the U.S. immigration officer has the
authority to permit you to enter the United States.
Admission to the U.S.
- Duration of Stay - Form I-94
- Upon
entering the U.S., an immigration officer of the
Department of Homeland Security's, Border and
Transportation Security, at the port of entry, places a
small white card, Form I-94, Arrival-Departure Record in
your passport. On this card, the U.S. immigration
inspector records either a date or "D/S"
(duration of status). In most cases, a specific date will
be indicated on the Form I-94 (in the lower right-hand
corner). If your I-94 contains a specific date, that is
the date by which you must leave the United States. Some
students, exchange program participants, and certain
temporary workers (e.g., foreign diplomats) will be
admitted for “duration of status.” If you have
"duration of status" or “D/S” on your Form
I-94, you may remain in the U.S. as long as you continue
your course of studies or remain in your exchange program
or qualifying employment.
- If
you are traveling on the Visa Waiver Program, you will
receive Form I-94W, Nonimmigrant Visa Waiver
Arrival-Departure Record, a green card.
- Your
Form I-94, or I-94W is a very important document to keep
in your passport, since it shows your permission to be in
the U.S.
- As
example of the difference between the duration of stay
permitted in the U.S. and validity of a visa, your visa
may be valid for several years, and yet your authorized
period of stay, as shown on the Arrival-Departure Record,
Form I-94, may be limited to a few weeks.
- The
date or D/S notation, shown on your Arrival-Departure
Record, I-94 or I-94W is the official record of the your
authorized length of stay in the U.S. You cannot use the
visa expiration date in determining or referring to your
permitted length of stay in the U.S.
Extension of Stay
- Permission
to enter and/or remain in the U.S. and extensions of stay
in this country are granted by the Department of Homeland
Security (DHS). If you came to the U.S. on a nonimmigrant
visa, and you want to extend your stay in the U.S., then
you must ask for permission from DHS’s United States
Citizenship and Immigration Services (USCIS) before your
authorized stay expires. If you have a date on your Form
I-94, you should apply for your extension of stay with
USCIS well in advance of its expiration.
- Providing
permission to remain in the U.S, called extension of stay,
to persons in the U.S., holding a nonimmigrant visa is not
the responsibility of the Department of State, and
therefore Visa Services is unable assist you in this
regard.
What if I Decide to
Stay Longer and am Out of Status with the Department of
Homeland Security?
- You
should carefully consider the dates of your authorized
stay and make sure you are following the procedures.
Failure to do so will cause you to be out-of-status.
- Staying
beyond the period of time authorized, by the Department of
Homeland Security, and out-of-status in the U.S., is a
violation of U.S. immigration laws, and may cause you to
be ineligible for a visa in the future for return travel
to the U.S. Select Classes
of Aliens Ineligible to Receive Visas to learn
more.
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Source:
US Government, 10/29/2004 |
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