John Valdez’s Legal Blog

Many foreign nationals are misinformed about immigration terms and processes.  As a practicing immigration attorney, I often witness clients struggling to understand commonly used terms.  Two words my clients often use incorrectly are “visa” and “status.”  

A U.S. visa is a document placed in a foreign national’s passport by the U.S. Department of State, at a U.S. Embassy.  Its purpose is to permit the foreign national to “apply” for admission to the United States in a certain immigration category.  I usually tell my clients that a visa permits the foreign national to knock on the door to the U.S. 

After knocking on the door, the U.S. Immigration Inspector grants the foreign national “status.”  Status generally refers to the immigrant or nonimmigrant classification granted by the Department of Homeland Security when a person is admitted to the U.S.  A person’s status is placed on the Form I-94, an entry document.  That person is only permitted to remain in the U.S. for as long as the Form I-94 is valid.  The validity of the person’s visa does not determine the length of time he or she may stay in the U.S. 

A person’s status may be changed after admission if the foreign national requests a new classification.  For example, a person may request a change from visitor status to H-1B status.  If the person is granted H-1B status by the United States Citizenship and Immigration Services, he or she may receive a new, longer period of authorized stay, as well as permission to work for a particular employer.  A new Form I-94 is issued, but no new visa is issued.  

Accept for a few exceptions, a visa is required to enter the United States.  Thus, if a foreign national in the U.S. changes status and then steps one foot out of the country, a new visa, reflecting the new immigration classification, must be requested from an Embassy before that person may, once again, knock on the door to the U.S.

If you need help with an immigration question,  feel free to contact Smith & Garg, PC.