What is a U.S. Visa?
A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.
Certain international travelers may be eligible to travel to the United States without a visa if they meet the requirements for visa-free travel. The information here addresses U.S. visas for foreign citizens to travel to the United States.
U.S. citizens don’t need a U.S. visa for travel, but when planning travel abroad may need a visa issued by the embassy of the country they wish to visit. In this situation, when planning travel abroad, travelers should become familiar with that country’s visa requirements.
How Can I Use a Visa to Enter the United States?
Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States. While having a visa does not guarantee entry to the United States, it does indicate a consular officer at a U.S. Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose.
DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the United States, for a specified status and period of time. DHS also has responsibility for immigration matters while you are present in the United States.
What Types of Visas Are There?
The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel. There are two main categories of U.S. visas:
• Nonimmigrant visas—For travel to the United States on a temporary basis.
• Immigrant visas—For travel to live permanently in the United States.
What the Visa Expiration Date Means
Sometimes understanding the difference between the visa expiration date and the length of time you have permission to remain in the United States can be confusing. These are very different terms.
• A U.S. visa in his/her passport gives a foreign citizen permission to apply to enter the United States. A visa by itself doesn’t authorize entry to the U.S. A visa simply indicates that your application has been reviewed by a consular officer at a U.S. Embassy or Consulate, and that the officer determined you’re eligible to travel to a U.S. port-of-entry for a specific purpose. The port-of-entry can be an airport, a seaport or a land border crossing.
• At the port-of-entry, a U.S. immigration officer of the Department of Homeland Security (DHS) decides whether to allow you to enter and how long you can stay for any particular visit, as part of the Admission process. Only the U.S. immigration officer has the authority to permit you to enter the United States.
What the Visa Expiration Date Means
The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.
Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries.
• A visa issued for a single entry (denoted on the visa under “Entries” with the number 1) is valid, or can be used from the date it is issued until the date it expires to travel to a U.S. port-of-entry one time.
• A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that: (1) Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa; and (2) Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.
Please be aware, a visa does not guarantee entry to the United States. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel
There are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless:
• You have filed an application in a timely manner for an extension of stay or a change of status;
• That application is pending and not frivolous;
If you have applied for adjustment of status to become a permanent resident (LPR, also called green card holder), you should contact USCIS regarding obtaining Advance Parole before leaving the United States.
Admission to the United States and your Duration of Stay
Upon arriving at a port of entry, the CBP official will determine the length of your visit.
On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. If you have D/S on your admission stamp or paper Form I-94, you may remain in the United States as long as you continue your course of studies, remain in your exchange program, or qualifying employment.
The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.
Extension of Stay
If you came to the United States on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your admission stamp or paper Form I-94, expires. It is recommended you apply well in advance of your expiration date.
Providing permission to enter and/or remain in the United States. to persons holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard. All inquiries must be directed to USCIS.
What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?
• You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
• Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.
A U.S. visa is an endorsement on a passport indicating that the holder is allowed to apply for entry into the United States for a specific purpose and duration. In Texas, as in all other states, the process and regulations for visas are governed by federal law. There are two main types of visas: nonimmigrant visas for temporary visits (such as tourism, business, work, or study) and immigrant visas for those intending to live permanently in the U.S. A visa does not guarantee entry; it allows the holder to travel to a U.S. port of entry and request permission to enter from a Department of Homeland Security (DHS) Customs and Border Protection (CBP) inspector. The visa expiration date is different from the authorized length of stay, which is determined by a CBP officer upon entry and can be noted as a specific date or 'D/S' (duration of status) on the admission stamp or paper Form I-94. Overstaying the authorized period can result in the visa being voided and may affect future immigration benefits. Extensions of stay or changes in visa status must be applied for with U.S. Citizenship and Immigration Services (USCIS) before the authorized stay expires.
