Immigration Basics
A foreign person seeking entry into United States should obtain Visa at US consulate in his/her home country. A visa admits a foreign national as far as the Port of Entry (Destination airport in US) in United States; however, it does not guarantee admission into US. The validity of visa measures the time within which a foreign national may enter the US in that particular Visa category.
When you arrive in US at Port of Entry, an immigration officer scrutinizes all the documents and then admits/denies the foreign national into US.
- Visa:
- Visa is a stamp placed in a passport by US consulates abroad.
- Status:
- Status is a group of privileges and responsibilities given to a foreign national in US. All foreign national should maintain his status in order to live legally in US. If you are in F1 status and get a H-1, you don’t actually get a visa, you change your status from F1 to H1, so that, you get the privilege to work.
- Denial at Port of Entry (POE):
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If you are found inadmissible at POE, you may not enter the US for upto five years. You can request the immigration officer to withdraw your application to enter the US to prevent the 5 year ban on your record.
- Form I-94:
- When a foreign national is admitted at POE, the immigration officer stamps the passport and issues Form I-94 (A white card or counter slip). I-94 card contains information on Date of Entry, Expiration Date and Visa type. Expiration date of visa and I-94 may differ. A foreign national can legally stay in US until the expiration date mentioned in I-94. If a foreign person extends his stay beyond the expiration of I-94, without applying for an Extension of stay, the underlying visa becomes invalid. A foreign person, who overstays (Illegal presence) in US may be prohibited from entering US for a period of 3 years from the date of departure.
- Extension of Stay:
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If you want to extend your stay in US beyond the expiration of I-94, then you must ask for permission from the US Citizenship and Immigration Services (USCIS) before the expiration of I-94. While departing from US you should turn in your I-94 (or I-94W). Without this record of your departure, you will be identified as an "overstay."
Two categories of U.S. visas
- Immigrant visas:
- Immigrant visas are for people, who intend to live permanently in the U.S.
- Nonimmigrant visas:
- Nonimmigrant visas are for people, who intend to stay in US on a temporary basis – for tourism, medical treatment, business, temporary work or study.