Tuesday, March 6, 2012

What the Visa Expiration Date Means

*. What the Visa Expiration Date Means
*. Admission to the U.S. and your Duration of Stay
*. Extension of Stay
*. What if I Decide to Stay Longer and am Out-of-Status with the
Department of Homeland Security?
Many individuals have difficulty understanding the difference between
the visa expiration date and the length of time you have permission to
remain in the United States (U.S.). These are very different terms.
Also review our " What is a U.S. Visa ?" webpage.
*. A U.S. visa in his/her passport gives a foreign citizen
permissionto apply to enter the U.S. A visa by itself doesn't
authorize entry tothe U.S. A visa simply indicates that your
application has been reviewed by a consular officer at an American
embassy or consulate, and that the officer determined you're eligible
to travel to a U.S. port-of-entry for aspecific purpose. The port of
entry can be an international airport, a seaport or a land border
crossing.
*. At the port-of-entry, a U.S. immigration officer of the Department
of Homeland Security (DHS) decides whether toallow you to enter and
how long you can stay for any particular visit, as part of the
Admission process. Only the U.S. immigration officer has the authority
to permit you to enter the U.S.
What the Visa Expiration Date Means
The visa expiration date is shown on the visa along with the visa
issuance date. The time between visa issuance and expiration dates is
called your visa validity . The visavalidity is the length of time
you are permitted to travel to a port-of-entry in the U.S.
Depending on your nationality, visas can be issued from a single entry
(application) up to multiple/unlimited entries.
*. A visa issued for a single entry (denoted on the visa under
"Entries" with the number 1) is valid, or can be used from the date it
is issued until the date it expires to travel to a U.S. port-of-entry
one time.
*. A visa issued for multiple entries (denoted under "entries" with a
certain number (2, 3, etc.) or "M" for multiple/unlimited entries) is
valid, or can be used from the date it is issued until the date it
expires to travel to the U.S. port-of-entry as many times as your visa
states, provided that:
*. Applying for a new visa is not necessary if your visa has not
expired and you have not exceeded the number of entries permitted on
your visa.
*. Multiple uses of a visa must be for the same purpose of travel
allowable on the type of visa you have.
Please be aware, a visa does not guarantee entry to the U.S.
Additionally, the visa expiration date shown on your visa does not
reflect how long you are authorizedto stay within the U.S. Entry and
thelength of authorized stay within the U.S. are determined by the
Customs and Border Protection (CBP) Officer at the port-of-entry each
time you travel.
It is important to note that there are circumstances which can serve
to void or cancel the period of visavalidity. If you overstay the end
date of your authorized stay, as provided by the CBP officer at a
port-of-entry, or United States Citizenship and Immigration Services
(USCIS), your visa will automatically void or cancel unless;
*. You have filed an application in atimely manner for an extension
ofstay or a change of status;
*. That application is pending and not frivolous;
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.
Admission to the U.S. and your Duration of StayAdmission to the U.S.
and your Duration of Stay
Upon arriving at a port-of-entry and when admitted, a CBP officer
places a small white card, Arrival-Departure Record, Form I-94 or a
small green card, Form I-94W for VWP travelers, in your passport.
This card is very important as it shows permission to be in the U.S.
On this card, the CBP officer records either a date or duration of
status (D/S) in the lower right hand corner. If your I-94 or I-94W
contains a specific date that signifies the date you must exit theU.S.
Some students, exchange program participants, and temporary workers
(e.g., foreign diplomats) will be admitted for D/S. If you have D/S on
your FormI-94, you may remain in the U.S. aslong as you continue your
course of studies, remain in your exchange program, or qualifying
employment. The date or D/S notation, shown on your Arrival-Departure
Record, I-94 or I-94W is the official record of 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 theU.S.
Carefully review information about international visitor admission on
the CBP Website.
Extension of Stay
If you came to the U.S. on a nonimmigrant visa and you want toextend
your stay you must apply with USCIS before your authorized stay,
denoted on your Form I-94, expires. It is recommended you apply well
in advance of your expiration date. To learn more select USCIS, How Do
I Extend My Stay? .
Important Note: Providing permission to enter and/or remain in the
U.S. to persons holding a nonimmigrant visa is not the responsibility
of the Department ofState, and therefore Visa Services is unable
assist you in this regard. All inquiries must be directed to USCIS.
What if I Decide to Stay Longer and am Out-of-Status with the
Department of Homeland Security?
*. You should carefully consider thedates of your authorized stay
andmake 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 causeyou to be ineligible for a visa in
the future for return travel to the U.S. If you overstay the end date
of your authorized stay, as provided by the CBP officer at a
port-of-entry, or United States Citizenship and Immigration Services
(USCIS), your visa will generally be automatically be voided or
cancelled, as explainedabove. Select Classes of Aliens Ineligible to
Receive Visas

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