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Extension of Stay in the U.S.

When planning a trip abroad, it is necessary to obtain certain paperwork or documentation to enter a particular country. This can be bewildering as each country has its unique requirements and stipulations. To enter the United States, it is imperative to have a passport, visa and duration of stay or form 1-94. There are distinct differences between a visa and duration of stay. It is important to know the intended purpose of each document so that time spent in the United States is both enjoyable and as non-problematic as possible.

A visa is necessary if traveling to the United States. It is a document that gives permission to apply to enter the U.S. Visas are issued through an American embassy or consulate in an individual’s country of origin/citizenship. It is the decision of the consular officer if an individual is eligible for a visa.

Once a visa has been obtained, it is placed within a passport. It must be stressed that a visa does not allow entry into the United States, but is intended to show that a person’s application has been inspected and that the United States consular officer determined that he/she is eligible to travel to a specified seaport, airport or land border crossing.

After obtaining a visa, it will have an expiration date. The time period from issuance to expiration is called visa validity. A visa can be valid for several weeks to several years. If an individual has a multiple entry visa, then entering the United States for the same purpose, such as studying abroad, vacationing, or business, it would not be necessary to obtain a new visa each time they were to travel to the U.S. However, if an individual has a visa intended solely for business purposes, it would be mandatory to apply for a new visa if they were to enter the United States with the intention of attending a university or other institution of learning.

After entering a specified United States airport, seaport or border crossing, an immigration officer from the DHS (Department of Homeland Security) will place a 1-94 form within an individual’s passport. The 1-94 is an Arrival-Departure Record. A specified date is noted on the 1-94 and is the last day that an individual can remain in the United States. In cases of continued study, exchange programs or authorized employment, the 1-94 form will show “duration of status” or D/S. Those with “duration of status” can remain in the United States for the duration of their exchange program, studies, or employment.

There is often some confusion regarding visa validity and extension of stay. A visa may be valid for several years and is not interchangeable or should it be confused with the time allotted to remain in the United States noted on one’s 1-94. A visa and the 1-94 form are two separate documents issued by two separate departments of the United States government. The 1-94 is issued through the Department of Justice and a visa through the Department of State, which has no authority to extend an individual’s stay in the U.S.

Those wishing to remain in the U.S. longer than the date shown on their 1-94 must apply for and be granted an “extension of stay” through the United States Citizenship and Immigration Services (INS) well in advance of the departure date on their 1-94. This is invaluable information as remaining in the U.S. beyond the time authorized by the DHS can influence one’s ability to obtain a visa in the future or return to the U.S.

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