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General US Immigration FAQs

What is a visa?

The word visa is often misused. A visa is, in effect, an admission ticket. You get it at a US consulate and use it at the airport, seaport or land border crossing when you enter the US. You usually also need it when boarding your flight or ship. When you arrive in the US, the BCBP immigration inspector will look at your passport with the visa in it and grant you a corresponding status.

After you arrive in the USA, you do not need the visa at all, ever! In fact, there are many people whose visa expired or whose visa is of a different category, but yet they are perfectly legally in the USA.

There are two main types of visa: immigrant and non-immigrant. A non-immigrant visa is a sticker in your passport (it used to be a stamp, and in fact the term "visa stamp" is sometimes still used to distinguish it from the term "visa" when you really mean "status"). It takes up a full page in your passport.

An immigrant visa is sometimes also called a "mysterious brown envelope", for that is exactly what it is. The consulate will take all documents that you sent in, the visa application form, medical examination, etc. and put it all into a brown envelope. This envelope is the visa. Remember to keep it sealed; once the seal is broken, the visa would become worthless.

What is a status?

A status is what you have after you arrive in the USA, until you leave. People outside the USA never have a status. This is true even if you have a long-term visa such as H-1B - your status ends as soon as you leave the USA, even for just a one-day business trip. Don't worry, you'll get a new status as soon as you return. Assuming, of course, that you have the required documents and qualify for the status again.

Your status is documented on form I-94.

What is an I-94?

In short, the I-94 is the form that identifies your status. There are two ways of getting one. The most common is that you fill it out yourself on the flight to the US, on the ship, or if you are driving across the border, by walking into the BCBP office at the border checkpoint.

There are actually several different kinds of I-94. The most common one is the white I-94. It is used for people who arrive in the USA with a visa. There also is a green I-94W. This is used for people who arrive in the USA without a visa as tourists or business visitors from certain countries that are eligible for the visa waiver program (VWPP). Finally, there is a blue I-94T that is used for persons in Transit Without Visa for travel through the USA to an onward destination, with less than eight hours in the US. It is only available for air travel with certain airlines and will not allow you to enter the airport.

Is there a fee for the I-94?

Yes. The fee is (as of this writing) US $6 if you cross at a land border. If you arrive by air or commercial ship, the fee is built into your fare.

Do I need a visa?

You need a visa in most cases if you are entering the USA. It does not matter when the visa expires, as long as it is good on entry.

There are a few exceptions. You do not need a visa if:

• You are from a visa waiver country and plan to come to the US as a tourist or business visitor for no more than 90 days. Note that effective October 1, 2003, you must also have a machine-readable passport (MRP). If you do not have a machine-readable passport, you must apply for a visa even if you are from a visa waiver country. Department of State announced that eventually, they will require passports with biometric identifiers.
• You are a Canadian citizen without a criminal record, and plan to enter the USA as a non-immigrant. There are a few non-immigrant categories where even Canadian citizens need a visa, though (K, the fiancé visa, is one of them).
• You leave the USA for a short trip (30 day maximum) to Canada or Mexico. If you are an F-1 student, you can also use the same procedure to travel to Caribbean islands. This is known as Automatic Revalidation. There are exceptions to this rule:
  • Your I-94 needs to be still valid when you return.
  • If your status is K-1 or K-2, this is not available.
  • You must have a visa in your passport. The visa can be expired or of a different category, but must be the one you used when entering the USA. Of course, visa waiver tourists are exempt from this requirement.
  • You cannot be a citizen or national of one of the so-called terror-sponsoring nations (Iran, Iraq, Syria, Lybia, Sudan, North Korea and Cuba).
  • You must not have left the country you travelled to (that is, you cannot go to Guatemala from Mexico, or go from Canada to your home country).
  • You must not apply for a US visa in Canada or Mexico. If you do, Automatic Revalidation is no longer available, and you need to have the actual correct type of visa.

I have more than one visa in my passport. Are they all valid?

This question was suggested by Pedro.

Generally, yes. You can have as many visas as you want in your passport, as long as they are all from different classifications.

Of course, if a consulate or immigration officer cancelled one of your visas, that would no longer be good. Also, if you overstayed, the visa you used to enter the USA on that trip would no longer be valid.

Example: you have a B-2 (tourist) visa in your passport, and later start studying and receive an F-1 visa. You can still use the B-2 visa to travel to the USA as a tourist (of course, you can't study if you do that), or you can use the F-1 (together with your I-20, of course) if you want to go to school.

Example: you have an H-1B visa valid until July 4, 2006. On May 7, 2006, you receive another H-1B visa. In this case, the consulate should place a stamp over the old H-1B visa saying "cancelled without prejudice."

Whatever happened to INS?

It has been abolished and its functions have been merged into the new Department of Homeland Security (what a name! When I grew up in Germany, the word Homeland was associated with a certain politician who was less than pleasant...) INS used to be part of Department of Justice. There are now three separate agencies that took over these tasks.

The first one is USCIS, or Bureau of Citizenship and Immigration Services. They administer all your applications.

The second one is BCBP, or Bureau of Customs and Border Patrol. As the name suggests, it actually derived from the old Customs agency and the old Border Patrol portion of INS. They handle the control of who and what comes across our borders.

The third one is BICE, or Bureau of Immigration and Customs Enforcement. The name suggests that this, too, originated from a merger of some INS and some Customs functions. Purpose of this agency is internal enforcement. They handle deportation hearings, for instance.

What types of visa and status are there?

The short answer is: too many to tell

When does my status end?

Surprisingly, that can be a difficult question to answer. Your status will always end on the date specified on your I-94, unless you have a non-frivolous application for change or extension of status pending with USCIS. After the date on the I-94 expires, you are considered "unlawfully present". Your status also ends when you violate it, for instance by working if your status is tourist, or by working for a different employer (or not working at all) than who sponsored your H-1B. In that case, you will be considered "out of status" but still lawfully present.

Finally, your status ends when the purpose of your visit has been completed. For instance, it ends upon graduation if you are an F-1 student, with the end of the exchange program if you are a J-1, or with the end of your employment as an H-1 or L-2.

Where can I get immigration forms?

You are possibly going to deal with several different agencies, among them USCIS, CBP, Department of Labor, and Department of State (who runs US consulates abroad). For USCIS forms, please visit their Web site (see the link list below). The only BCBP form that you are likely to encounter is the I-94, I-94W or I-94T, which are available from the airlines (usually distributed on the flight) as well as all port of entries.

For Department of State forms, please visit the consulate's Web site.

For Department of Labor, please visit their Web site listed below.

Any hints for filling out USCIS forms?

Many of the forms come with outdated instructions that can trip you up. In particular, one item keeps confusing people. Never send any original documents to USCIS, unless explicitly requested by an officer (usually in an RFE). There are very few exceptions to this - of course, the forms themselves do need to be originals for instance. At some point in the past, it used to be INS policy to require and return originals, but today, they will not usually return any documents (they are way too overloaded for that!) Regular photocopies are perfectly acceptable, they don't even need to be certified.

USCIS has a Web site with more up to date information on this, and on how to get documents back that you sent in original but were not supposed to, at http://www.bcis.gov/graphics/howdoi/hdiorig.htm.

The second important thing to remember is to keep copies of everything you mail off. Mail your application using certified mail, return receipt requested (except for hand-carried applications, of course) and be sure to keep both the receipt and the copy of everything at least until the application is approved, and preferably for the rest of your life.

What's the deal with "immigration intent"?

US immigration law distinguishes between a non-immigrant visa and an immigrant visa. The law says, in effect, that "everybody who comes must have an immigrant visa, unless he proves that he does not plan to immigrate." There are a few exceptions from this rule. For instance, a fiancee visa (K visa) is for people who explicitly plan to immigrate. Also, certain long-term work visas (such as H-1 or L-1, and their families) are exempt from this rule.

And that means that it is your responsibility to provide evidence that you will return to your home country. If you can't, the consulate will assume that you have immigration intent and deny your visa.

Notice that I am saying "the consulate". It does happen that BCBP officers at the port of entry will look into immigration intent, too, but usually, they will defer to your visa and leave this work to the consulate.

What are the differences between "out of status" and "unlawfully present"?

Quite a bit, actually. Out of status is somebody who has violated his status in some way, for instance by working. Unlawfully present is somebody whose I-94 has expired, or who entered without inspection (that is, walked or swam across the border). Somebody who is unlawfully present will also always be out of status, but the reverse is not necessarily true.

If you are unlawfully present, you have to worry about the three-year and ten-year bans - if you are only out of status, you don't. That is, if you have been unlawfully present for six months, and then leave the US for any reason, you cannot return for three years. If you have been unlawfully present for a year, you cannot return for ten years.

How do I file something with USCIS?

The procedures depend on the individual office and the type of case. Some district offices and local offices expect you to hand-carry applications and file in person. Other offices, and all service centers, require you to file by mail. The detailed instructions are available on the USCIS Web site.

When mailing something, be sure to use certified mail, return receipt requested, and keep a copy of everything you mailed, usually for the rest of your life.

What is the difference between a consulate and an embassy?

Both are parts of the US Department of State, and both are located exclusively in other countries. Embassies deal with foreign governments, while consulates provide services to individuals and businesses. That means that you will almost never deal with an embassy, only with a consulate. Embassies are almost always located near the foreign seat of government, while consulates are typically located in population centers. For instance, in Germany, the embassy is located in Berlin, while the main consulate is in Frankfurt (there also is a consulate in Berlin, as well as several other cities).

So why does everybody keep talking about "going to the embassy?"

Often, the consulate is located in the same building as the embassy. For instance, this is, to my knowledge, true in London and Manila. In this case, the technically accurate statement would be that you are going to the embassy's consular department.

Can I use any consulate?

Generally, no, you need to use the designated consulate for your home country. Individual consulates can grant exceptions on a discretionary basis. There are a number of rules that govern this.

• Not all consulates issue visas in the first place. In many countries, only one or two consulate will issue non-immigrant visas, and even fewer will issue immigrant visas. You can find out which consulates handle what from the consulate's Web site (see the link list below).
• Only consulates in your home country are required to process your application (an exception applies to contries that do not have diplomatic relations with the US. For instance, Iranian citizens are expected to use the Rome consulate, with Frankfurt as an alternate). Most consulates will also allow local long-term residents to apply. In some other countries, third-country nationals (that is, people who don't live in the country where the consulate is located) may still ask to be processed. Most consulates, though, are too busy. Usually, consulates in Canada and Mexico are traditionally more generous than other consulates (but do be aware that if the visa is denied, you may be stuck in Canada or Mexico!)
• Certain people, such as people with prior immigration violations, must always apply in their home countries.
• If there is no consulate in your country, then there is another designated consulate that you may use. For instance, citizens from Iran can use the consulate in Rome, as well as a few others.

How do I convert a tourist visa to a working visa?

This question was suggested by Jennifer.

First, let's clarify the terminology. As you can see from other questions on this page, there is an important distinction between visa and status. If you really are talking about visas then the answer is that visas can never be "converted". It would also be pointless to do so, since a visa is useless inside the USA. You would have to apply for a completely new one at a US consulate. Having a tourist visa in your passport won't usually make a difference when you apply for another type of visa.

But most people asking this type of question are actually referring to changing from tourist status rather than from a tourist visa. In this case, the answer is complex and depends on a number of details.

First of all, you need to check whether you arrived in the USA with a tourist visa, or on the visa waiver program. That's pretty easy to figure out. Look at the I-94 card in your passport. If it is green, you have a visa waiver. If it is white, you have an actual tourist visa.

With the visa waiver, there is no way you can change to *any* other status (except for "spouse of US citizen"). You would have to leave the USA before your 90 days are up and apply for a new visa of the appropriate category at a US consulate abroad. If you have a white I-94, you may be able to change status without leaving the USA.

The next thing you need to figure out is which status you want to change to. There is no such thing as a "generic working status" but there are quite a few individual categories that would allow you to work. Realistically, you would only be able to get a non-immigrant working status. In all cases, you would first have to find an employer willing to sponsor you. The employer would then file almost all the paperwork, and guide you through the remainder. With any of these categories, you would be allowed to work only for the sponsoring employer.

What is the non-immigrant visa number? There are two numbers on the visa stamp in my passport!

This question was suggested by James.

It is the red number. The black number is called a "control number" and is irrelevant for you.

Please note that when it comes to immigrant visas, the term "visa number" has a very different meaning related to the quota system.

What is the A# and the Alien Registration Number? Are they the same thing?

Yes, these are two terms for the same thing. The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.

Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".

There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.

Information from Legacy INS

This is the actual text of the information received from the legacy INS on this subject. The information was approved for publication on October 22, 2002 by Nancy Moser, then Deputy Director of the Missouri Service Center.

An attorney recently put it this way (reprinted by permission)

Source : kkeane.com