Many people are confused between the expiration date on their non-immigrant visa and the expiration date on their I-94 (the little white postcard-sized arrival/departure record stapled in your passport upon arrival in the US).
For example, a person may have a 10-year multiple visitor’s visa, but the Customs and Border Protection (CBP) only gives him only 6 months to stay in America for a visit. On the other hand, a person’s visitor’s visa may be expiring in 2 weeks, but the CBP officer allows him to remain in America for 6 months. So, which document controls, and what are the differences between a visa and an I-94?
Purpose of a visa
According to US State Department’s website, a visa is a document giving a person "permission to apply to enter the United States." You apply for a visa at the Embassy, based on the purpose of your trip to the US (i.e. to visit, study, work, perform as an entertainer, etc.) A consular officer determines whether you are qualified for the visa. However, issuance of a visa does not guarantee entry into the United States. (Remember, a visa is merely permission to apply to enter the US, and means that the consular officer has determined that you are eligible to travel to the US for a specific purpose (such as visit, study, etc.) It is the CBP officer at the port of entry (such as airports) who now decides whether to allow you to enter the US, and how long you can remain for any particular trip, which is reflected on the I-94. It is only the CBP officers who have the authority to allow you to actually enter the US.
That is why so many people don’t understand why they went "airport to airport," even though they had a visa in their passport. In some cases, although the person obtained a visitor’s visa from the Embassy, CBP officers at the airport went through their luggage and found paystubs, resumes, employment letters, etc., evidencing that the person had worked, and /or intended to work in the US, which would be a violation of his visitor’s visa.
In a future article, I will discuss the differences of the expiration dates on visas and on I-94’s.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, "Success Stories," endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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( Published on July 16, 2009 in Asian Journal Northern California p. B3 )
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