What is a "Visa"?

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The term "visa" is a highly misunderstood and misused term. Most people confuse the terms "visa" and "status" and think that they mean the same thing, they do not.

A visa is a document that is issued by a U.S. consular officer at an overseas consular office. While it is required for anyone who wishes to apply for entry into the United States, it does not guarantee entry. The purpose of a visa is to demonstrate to the INS officer at the port of entry that the person holding the visa has been pre-screened and is eligible to be admitted into the United States, temporarily, for a purpose that is consistent with the type of visa the person holds.

The purpose of a visa is to allow a U.S. consular officer to screen the applicant before issuing an entry document. Since consular officers have considerably more time available to them than INS officers at ports of entry, this screening is necessary to make certain that the applicant is entitled to the status sought. While it does not guarantee admission, a visa does establish that the applicant for admission meets all of the eligibility criteria. visa exemplar

The duration of a visa's validity or the number of entries authorized by it have no relevance to that person's subsequent admission into the U.S., unless the visa has expired or the holder has used up all permissible entries. Many people who hold ten year, multiple entry tourist visas mistakenly believe that they are free to come to the United States as many times as they wish and remain for as long as they wish during the ten year period. This is incorrect.

The following excerpt form the Department of State's Foreign Affairs Manual is instructive with regard to the relationship between the validity period of a visa and a person's authorized period of stay:

"9 Foreign Affairs Manual Section 41.112, Note 2.10 Period of Admission by INS

The validity of a visa refers to the time in which an applicant may make application to an immigration officer at a port of entry for admittance into the United States. It has no bearing on the length of time for which the alien may be admitted. For example, an alien whose B-2 visa may expire a week after entry into the United States, could be admitted by an INS officer at a port of entry for a stay of up to one year. On the other hand, an alien whose B-2 visa has a validity of one year may be granted a stay of only one-week, as may be determined by an INS official at a port of entry."

To repeat, as long as a visa is still valid when an alien applies for admission into the United States, the duration of the visa has absolutely nothing to do with how long the person may remain in the U.S. after admission.

When a nonimmigrant alien remains longer than his or her authorized period of stay, that person's visa becomes void and may not be used again. Furthermore, such a person may only apply for future visas at their home consular post. Here is another explanatory note from the Foreign Affairs Manual:

41.112 Note 3.2 Result of Overstay

Under INA 222(g), if an alien overstays on a nonimmigrant visa, that visa is automatically voided. In addition, the alien must apply for future nonimmigrant visas in his or her country of nationality, unless the alien qualifies for an "extraordinary circumstances" exemption.

An otherwise valid visa may be used, even if it is in an expired passport, provided the person using it also has a currently valid passport. Another FAM note deals with this specific issue:

41.112 N2.8 Visa Valid in Expired Passport

a. When a passport containing a valid visa expires, the expiration of the passport has no effect on the validity of that visa. The holder, however, shall be informed, at the time of application for admission, of the need for a new or renewed passport.

b. The passport should be valid for a minimum period of 6 months from the expiration date of the initial period of admission or contemplated period of stay in the United States. The passport may be either the one in which the visa stamp has been placed, or a new passport. Thus, an alien can present two passports; one which fulfills the visa requirement and the other the passport requirement. The alien's nationality, as indicated in the new passport, must be the same as that shown in the passport bearing the visa stamp.