A visa is the stamp put in your passport by an embassy or consulate of another country that allows you to travel to that country. U.S. visas do not indicate the period of time a person can stay in the country. Staying in the U.S. relates to your status.
The United States Code of Federal Regulations (C.F.R.) provides the following definitions to help you understand the difference between your visa and your status.
Understanding Your Visa
22 C.F.R. § 41.112 Validity of visa.
(a) Significance of period of validity of visa. The period of validity of a nonimmigrant visa is the period during which the alien may use it in making application for admission. The period of visa validity has no relation to the period of time the immigration authorities at a port of entry may authorize the alien to stay in the United States.
- U.S. visas are granted ONLY at U.S. embassies or consulates outside of the U.S.
- F-1 visas are approved and placed in passports by the U.S. Department of State.
- Your visa must be valid the day you come to the U.S. – actually the day you arrive at a Port of Entry
- A visa indicates the period during which you can come to the U.S.
- The length of time your visa is valid varies depending on your home country
- The visa does not indicate how long you can stay in the U.S.
- Your visa can expire while you are in the US and it does not matter. You can be in the U.S. with an expired visa. What does matter is that you have a valid visa when you are outside the U.S. and are coming back.
Understanding your Status
Status is the word that describes how a person's period of stay in the U.S. is classified. When you enter the U.S. with an I-20 and F-1 visa, you are granted F-1 status.
8 C.F.R. § 214.2(f)(5) Duration of Status
(i) General. An F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution . . . or engaging in authorized practical training following completion of studies, plus a 60-day Grace Period to prepare for departure. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study.
- The Immigration Officer at the Port of Entry determines:
- Your status based on your visa and I-20
- How long you can stay in the U.S.
- The officer enters the information into a database to generate the I-94, Arrival/Departure Record
- The I-94, which is available on the Customs and Border Protection website, is the document that shows the date you entered, your status and your “period of stay.”
- F-1 students are admitted for an “indefinite period of stay” denoted as D/S - Duration of Status. This means you can stay in the U.S. as long as you are maintaining status – attending school (or are on vacation or breaks between terms), or participating in Practical Training. When you are done with your studies and any authorized employment, you are allowed a 60-day Grace Period to prepare for departure.
- Every time you re-enter the country, a new I-94 is generated
- On the I-94 website you can see your complete travel history – both arrivals and departures
FAQs
My passport is expiring. What do I do?
Your passport must be valid for at least six months into the future at all times. Make note of your expiration date, as it may be easier to renew your passport before you arrive on campus or during a visit home in winter or summer. If you need to update your passport while you are in the United States, contact your embassy or consulate . Please note: If your visa is in your old passport but still valid, keep both the expired passport and the new passport together to facilitate entry to the US.
When do I need to have a copy of my I-94?
You’ll need a copy of your most recent I-94 when opening a bank account and when applying for a Social Security Card. It is also recommended that you have a copy when you travel in the US. An image on your phone should be sufficient.
My visa is expiring. Can I renew it in the US before going home?
No. visas can only granted or renewed at US embassies or consulates outside the US.