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The word “visa” is commonly used in the immigration context, and it is often used incorrectly. “Status” is a less widely-used term, but it is just as important. In this article, we will discuss the difference between the two terms, and how they are used in immigration.

What is a Visa?

A “visa” is a travel permit or document that allows a person to travel to the United States and ask to enter in a specific classification. A U.S. consulate or embassy issues visas, sometimes be called “visa stamps” or “visa foils.”

For example, if you would like to travel to the United States to visit as a tourist, you would first apply for a tourist visa at the U.S. embassy or consulate in your home country. If you are approved you will get a tourist “visa stamp” in your passport. Then you can travel to a United States port of entry/border. When you arrive at the border you will ask the customs officer to allow you to enter the United States as a tourist. The officer will see you have a right visa, he or she will stamp your passport, and let you into the United States.

Does having a visa guarantee your admission to the U.S.?

No. Having a visa does NOT guarantee your admission to the United States. A customs officer must “inspect” you first. The inspection involves asking a set of questions to determine if you are entering for a permitted purpose of your visa.

For example, if you have a tourist visa, you can only ask to enter as a tourist. The officer must be satisfied that you are only coming to be a tourist. If the customs officer suspects you have a different intention, you can be denied entry.

Does a visa expire?

Yes, a visa does expire. It can be valid for 30 days and even up to 10 years depending on your classification.  You can use that visa to enter the country up until the date it expires.

This is where an important difference takes place.

The visa allows you to arrive at the border to ask for permission to enter the country. Once you are inside the United States, the visa is no longer applicable to your ability to stay in the country. That is where “Status” comes into play.

What is Status?

Status is your formal immigration classification while inside the U.S. A customs officer stamps your passport when he or she is satisfied that you are entering for the purpose of your visa. The stamp contains the port of entry, date of entry, the classification (e.g. tourist), and how long you are allowed to remain in the United States.

The customs system also maintains a record of your entry and classification, which you can find online. This is called an I-94 arrival record.

For example, if you have a tourist visa, your “status” in the U.S. will be “tourist.” Many people say “I am on a tourist visa when actually the correct phrase is “I am in tourist status.”

Does Status expire?

Usually. Most temporary visas have a date of expiration. That means you must leave the United States before your status expires.

Note: Even if you arrive at the border on the last day that your visa is valid, you can still enter and have a period of status that goes beyond your visa validity.

What if my status expires? Would there be consequences?

If your status expires, you are “out of status” in the United States. It means you cannot stay in the U.S. any longer. It also means that technically immigration authorities can deport you.

If you leave the U.S. after your status expires, you will have a harder time getting a visa in the future. It is also more likely that customs officers would deny you entry in the future.

Being out of status for more than 6 months but less than 1 year, and then you leave the country, results in a 3-year ban on re-entry to the country.

If you are out of status for more than 1 year and you then leave the country, you will be banned for 10 years.

Can I extend or change my status?

Yes, in some cases. If there is a valid reason to extend your status, it may be possible to apply for an extension. You should contact one of our attorneys to understand if you would be granted an extension or change of status.

If you need help in simplifying the process of your immigration, please contact Occam Immigration with any questions.

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FAQs

Program: A plan or schedule of activities and procedures to be followed to accomplish a specific goal.

We’ve taken our years of experience handling marriage-based green cards and built a clear, understandable, predictable system that we and our clients follow to build and submit what we consider a winning application package. We stick to a set schedule to cover all aspects of building an immigration case, instead of a looser attorney/client relationship that is less structured. We find that using our system keeps our clients accountable and on track to reach milestones and goals and allows us to dedicate the time necessary to each of our clients’ important cases.

You should, if that’s what you want. In fact, we encourage you to speak to other law firms that handle only immigration law to understand their offerings and compare all of your options, since every one of our colleagues in immigration law will handle your case in their own way. We are not replacing the typical law firm, we are offering something different for those that want it. Over the last 10 years of serving clients in our area we’ve worked with all kinds of people and found that a large number of cases could be streamlined through our system, which would allow us to better serve our clients with value and an enjoyable experience.

However, our program is not well suited to complex cases, clients who want on-demand access to their attorney, clients who have difficulty with technology, or clients wanting in-person meetings. In those cases, we can either offer a more traditional attorney/client relationship (of which we have very limited availability) or we can refer you to one of our colleagues.

Our programs are not for everyone, and we don’t want to waste your time if this is not well suited to your case. Once you enter our program, our goal is to file your application package within 30 days, but some people don’t have certain required documents or information and it may take more than 30 days to get them (e.g. birth certificate, divorce decree, valid passport, etc).

That doesn’t mean you are never eligible for our program, it just means we have to get you to a place that you have what you need to be able to start the program. We can do that by taking a seat deposit to secure your future spot in the program and giving you guidance and information on getting the documents you need. By completing the quiz, you get to see if our program is suited to your case (either now or in the near future), or if you would be better off in a more traditional attorney/client relationship. At the end of the quiz, you will be able to schedule a call from our team to discuss your case further.

We do as much of the work for you as we can. We won’t make you fill out endless questionnaires on your own – we find that when our attorney collects your information, they are able to address questions in real time, making the process much simpler for you.

But the success of your application will also depend on the things that only you can do. Your job will be to get, and submit, evidenece that you have or will be creating (e.g. setting up accounts) during the program. That involves scanning and/or saving digital document files and uploading them to our online portal. Besides that, you will just have to attend your scheduled appointments and give us your full attention. Easy, right?

While we wish we could push all of our clients’ cases through the immigration agency faster, no one has control over how fast immigration agencies process green card applications. What we can do, together with you, is control how fast we get your case from the starting line to submission so your applications can get into the government’s process ASAP. The sooner your case is filed, the closer you will be to reaching the milestones and ultimate goal – green card in hand!

In a perfect world we would guarantee that your applications will be approved, but the reality is that no one can guarantee results because the decision to approve your case is in the hands of the Immigration Officer reviewing your case. What we can guarantee is that we will apply all of our years of experience and expertise in immigration law to put together what we consider to be an approvable application package under the law and regulations. If, during the program, we determine that your case is not approvable, we will discuss your options and may be able to offer a partial or full refund of your investment.

As you read this right now, you don’t. We haven’t met yet. But we will have a chance to talk on the phone or by video before we determine if we are a good fit for you and if you are a good fit for us and our program. And if we all decide this is a good fit and you join the program, you will have an orientation call where you will learn more details. We are confident that you will like the program, but if after that call, you change your mind, we will give you a full refund of your investment. That’s because we want you to achieve your goals in the best way that works for you.

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