http://public.findlaw.com
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| Thursday, Jul. 24, 2008 |
Q: After I have my visa, I will be able to enter the U.S., correct?
A: A visa does not guarantee entry into the U.S. A visa allows a foreign
citizen to travel to the U.S. port-of-entry, and the Department of Homeland
Security U.S. immigration inspector authorizes or denies admission to the U.S.
Q: How do I know whether to contact Department of State or Department of
Homeland Security about my issue?
A: Contact Department of State, the Embassy or Consulate abroad with
questions about U.S. visas, including application, the status of visa processing,
and for inquiries relating to visa denial. Once in the United States, the traveler
falls under the jurisdiction of Department of Homeland Security. The Department
of Homeland Security, US Citizenship and Immigration Services (USCIS) is responsible
for the approval of all petitions, the authorization of permission to work in
the US, the issuance of extensions of stay, and change or adjustment of an applicant's
status while the applicant is in the U.S.
Q: My visa expires in 5 years, what does this mean?
A: A visa must be valid at the time a traveler seeks admission to the
U.S., but the expiration date of the visa (validity period/length of time the
visa can be used) has no relation to the length of time a temporary visitor
may be authorized by the Department of Homeland Security to remain in the United
States. Persons holding visas valid for multiple entries may make repeated trips
to the U.S., for travel for the same purpose, as long as the visa has not expired,
and the traveler has done nothing to become ineligible to enter the U.S., at
port of entry.
Q: How can I find out how long I am authorized to stay in the U.S?
A: At the port of entry, upon entering the U.S., the Department of Homeland
Security, US immigration inspector, provides you a small white card, Form I-94,
Arrival-Departure Record in your passport. Visa Waiver Program travelers receive
Form 1-94W. On this form, the U.S. immigration inspector records either a date
or "D/S" (duration of status). If your I-94 contains a specific date, that is
the date by which you must leave the United States. Your Form I-94, or I-94W
is a very important document to keep in your passport, since it shows your permission
to be in the U.S.