Introduction

When you are not a U.S. citizen and are lawfully present in the U.S. your length of stay and what you can do while you are hear are indicated by your status.

One common error is to believe that your visa and your status are the same thing.  While this can sometimes be the case, is usually not true.  Normally the visa and the status will expire on different dates.   A simple way to under stand this to recognize that a visa is nothing more than permission to ask permission to enter the U.S.  In other words, if you show up without a visa you won't even be given the chance to explain why the should let you stay (except asylum seekers).  If you show up with a visa they will give you an opportunity to explain why they should let you in.  This discussion will discuss issues related to nonimmigrant visas.  If you are coming permanently to the U.S. should have an immigrant visa.

When they let you in you will be assigned a status and an expiration date.  That is the last day you can be in the country and remain in lawful status.

Know Your Status

Your status will be hand written on your I-94 card and in your passport.  Below is a sample I-94 card.  You actually fill the I-94 form on the airplane.  The form asks questions about you and your travel.  You also fill the card which is attached to the form.  When you are admitted the card is detached and given to you.  You keep the card until you leave.  When you leave you give the card to the airline.  If you enter on a visa waiver you will be given a green I-94W card to complete.  Only travelers who are citizens of certain countries are permitted to enter without a visa.  In either case, your card has the same information on it.  We'll use the usual white card for our example.

Warning:  Don't lose your I-94 card.  They are expensive and time consuming to replace.

The officer you see as you enter the country works for Customs and Border Protection (CBP), a bureau of the Department of Homeland Security (DHS).  The CBP officer will ask you questions to be sure your activities while in the U.S. are consistent with the purpose for which the Visa was issued.  If the officer is satisfied s/he will stamp the card and your passport.  The stamp will state the date you entered.  The officer will hand write the status assigned and the date your period of stay expires.

In the example above the stamp says John Doe entered on Sept 13, 1991.  The officer wrote that John Doe enters in status B-1 (a visitor for business) and that John Doe's authorized period of stay expires on July 10, 1993.  Remember this is just an example.  Since the September 11, 2001 terrorist attack the period of stay for visitors will not exceed six months.

Normally if you do not leave by the date written on the card you become out of status.  If you wish to stay beyond the date on the card you must file an application for an extension or change of status BEFORE that date.

Important: you can become out of status long before your visa expires.  It is the I-94 that tells you when you must leave, not the visa expiration date.

Link to our Visa Basics

Link to our Introduction to Visa Waiver