Introduction

"I just entered the US. I have a U.s.a. visitor visa (B1/B2 visa) in my passport that is valid for 10 years. At the port of entry the clearing officeholder issued me an I-94 proverb I was admitted for 6 months. How long can I stay in the United states of america: half dozen months or 10 years?"

Lack of cognition or misunderstanding about the role of a "visa" and the "I-94" has been a major factor for many foreign nationals falling out of status in the United States. What is the difference between visa and I-94? Which one determines how long can yous stay in the US – the I-94 card or visa?

US Visa Vs. Form I-94: An Overview

A US visa is a permit to seek entry into the US. The I-94 card gives you permission to enter and remain in the US. A visa allows yous to announced at the Us port of entry and seek entry into the country. The I-94 form is your bodily admission ticket, telling you lot how long can you stay in the US during that visit, and what you can exercise while you lot are here.

Many foreign nationals are unaware that their authorized stay in the U.s.a. is controlled by the I-94 record and not by their US visa. Information technology is the I-94 record that says how long can y'all stay in the US, and in what condition you were admitted. Wrong interpretations of the dates on the I-94 record or visa could cause problems.

Check I-94 Arrival Departure Record Expiration Date

My Case Scenario
Jae Yong

Jae Yong, a Korean Citizen who is a reporter for the Korean Times Paper, is being transferred to the United states of america equally a foreign correspondent for the paper. He will be stationed in Washington, DC and will exist reporting on Usa politics. He is granted the I visa for journalists and media representatives. The visa is valid for 5 years. When he enters the US his I-94 is marked D/Southward for "elapsing of status." This means that as long as Jae is working as a foreign correspondent for the Korea Times Newspaper he can stay in the US. There is no terminate appointment by which he is required to leave the US regardless of what the expiration of the visa is. Since his I visa is valid for five years, he is immune to utilize the visa for 5 years to travel in and out of the U.s.a..

Let'southward look at another instance which highlights the divergence between a US visa and the I-94 card:

A Citizen of China who wishes to enter the US every bit an H-1B professional cannot get an H-1B visa that is valid for more than than 12 months. If a Chinese Denizen has an H-1B approval notice that is valid for 3 years, he or she tin can be admitted for the length of the approved petition, regardless of the expiration listed on the visa. This ways that the individual must travel to the The states inside 12 months of being issued the visa. After entering the US he or she will be able to stay till the end appointment on the approval notice. He or she would simply demand to depart the US on or before the engagement specified in his or her I-94 form.

At present that we accept a general overview of the Course I-94 and the visa let's wait at the specifics and the differences between visa and I-94.

1. What Is Course I-94?

The Form I-94, also known as the Arrival/Departure Record, serves as bear witness that a nonimmigrant has entered the country legally. Information technology indicates how long the nonimmigrant may stay in the U.s. during that visit. Information technology is the I-94 expiration engagement – and non the expiration appointment of the United states visa – that controls how long a nonimmigrant may legally remain in the United states.

Retrieve
Generally, a new I-94 record with a new engagement is issued each time a nonimmigrant legally enters the US.

2. I-94 – How Exercise You Get One?

When you enter the Us as a nonimmigrant, a US Community and Border Protection (CBP) officer volition examine your passport, visa, and may question you about the reason for your visit. If the CBP officer is satisfied that you qualify for the nonimmigrant classification you lot are seeking, and that you volition abide by the U.s. clearing rules, he or she will admit you into the U.s.a.. The CBP officer will stamp your passport with the admission date, the grade of admission, and the date that you are admitted until.

The procedure for securing the I-94 card will vary depending on whether you are arriving at an air, sea or land border port of entry.

Arriving At A Land Edge Port of Entry Arriving At An Air or Sea Port of Entry
Paper Form I-94s are issued at land border ports of entry. You must complete a CBP Class I-94 Arrival/Departure Record and submit it to the CBP Officer when you go far at the land border port of entry. The CBP Officer will go along the top portion of the Form I-94. The Officer will place a postage on the upper right hand corner of the bottom portion. The stamp will contain the entry date and port of entry. The Officer will usually write in a specific date or "D/S" (duration of status) within the stamp along with visa nomenclature. The lesser portion of the CBP I-94 form will and so exist stapled in your passport, unremarkably on the page opposite your visa. Nonimmigrants arriving at an air or sea port of entry exercise non demand to complete the paper CBP Form I-94 or Form I-94W. CBP gathers travelers' arrival/departure information automatically from their electronic travel records. CBP volition create an I-94 tape but a paper class volition non be provided to you at the port of entry. Y'all will be able to admission the Automatic I-94 information and I-94 number inside a few days of entry. The CBP officer will stamp your passport/travel certificate with the engagement of admission, the class of admission and the date your stay volition expire, if applicative. The I-94 arrival/deviation record volition be available online and yous tin print I-94 tape from online atwww.cbp.gov/I94.

It is this record — not your visa – that tells you when you must get out the United States. If you have "duration of status" y'all may remain in the US as long as you lot are in the same chore or attending the aforementioned school.

NOTE: Citizens of the countries on the US Visa Waiver Program list who are entering the United states for a short stay and who are not US Citizens or United states Permanent Residents, must fill up out Form I-94W instead of the CBP Form I-94.

3. Grade I-94: What Does It Look Like

In gild to qualify for an H1B, foreign nationals who have pedagogy from exterior the U.Due south. must demonstrate that their education is 'equivalent' to a iv-year U.S. bachelor's degree.

4. Course I-94 – What Is Its Purpose?

The Form I-94 serves as the arrival/deviation record for strange nationals admitted to the US equally nonimmigrants. This document is created past Usa Immigration when the foreign national is inspected upon inflow at a United states of america port of entry. The I-94 grade indicates the engagement of arrival, status granted (i.e., F, J, H, L, etc.), and length of authorized stay. The I-94 is an official record of access and permission to remain in the US.

Of import
If a foreign national either needs to remain in the U.s.a. for longer than the time granted, or decides to change the status and remain in the US across the I-94 expiration date, he or she must file an application for an extension of stay or a change of status with US Citizenship and Immigration Services (USCIS).

five. What Is A Visa?

A visa is a stamp placed into the foreign national's passport. Information technology is issued by a Us Embassy or Consulate, usually in the foreign national'south domicile land or country of residence. A US visa allows the foreign national to seek entry to the United States in a certain visa status within the fourth dimension period (validity period) specified on the visa. A visa may let one, two, or multiple entries before the expiration date of the visa.

vi. Differences Between The Visa And The I-94

It is extremely important that you clearly sympathize the departure between a visa and the I-94. The major differences between visa and I-94 are equally follows:

a.The I-94 record indicates how long a strange national can stay in the US for that particular trip. Your stay in the U.s.a. is not determined by the expiration date of your visa.

b.The visa is a permit assuasive you to seek entry into the US. The I-94 menu is a record of your entry showing that you have been inspected and admitted and indicating the expiration of your stay.

c.The I-94 tape is created past a CBP Officer when a foreign national is inspected upon his arrival in the United states of america, whereas a visa is issued by the US Country Section and is obtained at a US Consulate outside the United states.

7. Applying For Extension of Stay When I-94 Is Expiring

If you want to stay longer than the appointment authorized past your I-94 menu, you must employ for an extension of stay with the USCIS.

It is generally advisable to file for the extension request at to the lowest degree xxx days earlier the I-94 expiration appointment.

The decision to grant or deny a request for extension of stay is made solely in the discretion of the USCIS (you have no correct to stay beyond the engagement on your I-94 card). In some cases, yous may not exist eligible to apply for an extension.

If the USCIS approves such an application, they volition upshot an blessing notice, the bottom portion of which is a new I-94 grade for the foreign national, reflecting the extended menstruation of authorized stay.

IMPORTANT
Foreign nationals who enter the US nether the visa waiver plan (VWP) are not entitled to change their condition or extend their duration of stay in the Usa. They must depart within the 90-twenty-four hour period menses allowed for the visa waiver visitors. Moreover they may not simply travel to a contiguous state in social club to exit and reenter for a "new" 90-day menstruation. Proof that you are willing to obey Usa immigration laws and follow the dates on I-94 or visa appropriately (i.due east., applying for an extension rather than just staying past your I-94 expiration date) will be important if y'all want to travel to the Us in the future.

viii. Incorrect Information In Grade I-94?

If you discover after entry that the I-94 was issued with an mistake, you should get, if possible to the port of entry where you entered, and if not possible, to the nearest CBP Deferred Inspection Role with proof of entry or admission and the I-94 record, and asking a corrected I-94.

If the incorrect I-94 Arrival Divergence Tape was issued by USCIS you must contact USCIS.

IMPORTANT
If the Immigration Officer at the local office is non convinced that the I-94 tape was issued in error, he or she may advise you to file a Class I-102, Application for Replacement/Initial Nonimmigrant Arrival/ Difference Document. This is why it is so important to take the fourth dimension to check your I-94 information for accuracy every bit soon equally it is available. A quick bank check can save you several hours of frustration later in your trip.

Conclusion

Applying for a US visa is the first step in your journey to the US. Once you receive a US visa, yous can travel to the United States and seek admission. Notwithstanding, the visa does not guarantee that you volition exist allowed to enter the United states of america. The CBP Officer at the United states of america port of entry has the potency to grant or deny you lot access into the US. The CBP Officer determines how long can you stay in the U.s.. Wrong interpretations of the dates on I-94 Arrival Departure Record or visa could cause serious issues.

If you have any questions about the I-94 Form, or how to extend your stay, or have already overstayed, contact VisaPro Law Firm today for aFREE Immigration Lawyer Consultation. We'll analyze your scenario and recommend an effective strategy based on our attorneys' nigh 100% success charge per unit.

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