The difference between a “visa” and “status” and why it matters
No matter what type of visa you have, all U.S. visas look the same–like this:
This sticker that is placed within your passport is what immigration lawyers call a visa.
Depending on your visa category, country of citizenship, and other factors, a visa can be issued for anywhere between 6 months to up to 10 years. The issue date and expiration date will let you know how long your visa is valid.
For example, let’s say I apply for and am issued a B-1/B-2 visitor’s visa that expires 10 years from the date of issuance–that means my visa is valid for 10 years and I can travel in and out of the United States for the next 10 years with this visa.
This does not mean I can stay in the United States for 10 years straight.
This is where the concept of status comes in. While I was issued a 10-year visitor’s visa, current immigration regulations will only allow me to stay in the United States for up to 6 months at a time. When you pass through Customs/Immigration at the airport, the officer will stamp your passport with the date you entered, write your visa category, and somehow indicate the date your status expires. Here’s an example:
I chose this image because it’s a great example of the potential pitfalls of the current U.S. entry system. Let’s start with the stamp on the far right.
This stamp was made by an officer who took the time to write the expiration date and luckily for us, had decent penmanship. We can see that the expiration date is February 6, 2013.
By contrast, the stamp in the middle was made by an officer who was probably swamped with new arrivals and couldn’t be bothered to write an expiration date at all.
Finally, the stamp on the far left was made by an officer who kindly used a date stamp to indicate when I need to leave the country. However, even though she used a stamp–it’s not quite clear whether the date is July 1st…July 2nd…or perhaps even July 7th!
So how can I find out what my actual expiration date is so I can avoid violating my immigration status?
Great question! U.S. Customs and Border Protection has rolled out a website that allows people who are currently in the United States on visas to download what’s called an “I-94” or Admission Record. All you need is your passport number and basic information like your name and date of birth to access your I-94 which looks like this:
But a few words of caution: while it’s great that the U.S. government is rolling out digital products to help make important information like this more accessible, it is unfortunately still a very analog or manual process; CBP officers have to type in information like your date of birth and expiration date. As a result, two common issues I have seen are:
My expiration date is wrong! If this is the case, you will have to go to your nearest CBP Port of Entry office to get this corrected.
There’s no record found! If you are in the United States on a valid visa but you’re unable to download your I-94, here are some troubleshooting tips:
Double check that you are using the same passport you used when you entered the United States!
Try a few different birth dates–it’s easy to make typos with numbers, so enter a few combinations that seem likely.
If there is no birth date on your passport or visa, try entering January 1 of the current year.
While it’s extremely frustrating that something as simple as a typo or poor handwriting can put your lawful immigration status at risk, the best we can do in the current situation is to be proactive and make sure our information is in order–so check your visa and I-94 expiration dates today!
If you’ve discovered your I-94 is wrong or if you have additional questions about the difference between a visa or immigration status, feel free to contact me.
