Visa vs. I-94

Foreign nationals often think that they are allowed to stay in the United States as long as their visas remain valid. It is a common mistake that results in an overstay.

A visa is issued by a Consular Officer at a U.S. Consulate or Embassy. It indicates, among other things, the type of purpose of your travel, the length of time you are allowed to travel to a port-of-entry in the U.S., and whether the visa is issued for a single entry or multiple entries. Once you are issued a visa, you should check to make sure that all the information is accurate, i.e. that there is no misspellings or typographical errors on the visa. It is important to note that the issued visa provides no guarantee that you will be allowed to enter the U.S. You will still need to apply for admission with a CBP (Customs and Border Protection) Officer at the port-of-entry (such as an airport).

CBP Officers determine the length of time you are allowed to stay within the United States. Each time a foreign traveler enters the U.S., the traveler is issued an I-94, Arrival/Departure Record, that indicates the length of authorized period of stay. Before April 30, 2013, I-94 record is issued in a paper format and is usually attached to the traveler’s passport. After April 30, 2013, I-94 record is electronically issued and travelers are encouraged to retrieve their I-94 records by going to https://i94.cbp.dhs.gov. If the I-94 record contain incorrect information, the subject of the record should visit a local CBP Deferred Inspection Site to have the admission information corrected.

If you stay inside the U.S. beyond the date you are allowed to stay, your visa will automatically cancel unless you have a pending, non-frivolous, and timely-filed application to extend the stay or change the status.

The Law Office of Jing Yeophantong, PLLC presents this information as a service to members of the general public. Use of this information does not constitute, in any manner, an attorney-client relationship between The Law Office of Jing Yeophantong, PLLC and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.

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Testimonials

“Our company hired Jing last year after meeting with her for the first time. Right away we felt comfortable and confident that our company would be in good hands with Jing as our immigration attorney. She gave very clear instructions and the process was smooth. She always answers emails and phone calls. Now we already have our case approved. I highly recommend Jing for your legal needs.”

CTM, Fairfax, VA

“I was greatly impressed by the efficiency of Attorney Jing. She handled my case in a professional, honest manner. She stayed in touch and communicated with me and my employer to keep us informed of how things were progressing. She is a very knowledgeable attorney, which is important as immigration laws are constantly changing. I highly recommend Jing to anyone looking for an immigration attorney.”

P. Hasegawa, Peoria, AZ

“Even though it has been a few weeks I’m still finding it hard to believe that I actually have my Green Card. There were definitely times in the last few years when I thought it was never going to happen. Words cannot really describe how relieved I am to be successfully DONE with this process. I feel lighter every day and so much less stressed about my future. Thank you for everything. I will be forever grateful.”

Alex, Harrisonburg, VA

“I would definitely recommend Jing for assistance regarding personal immigration matters. When I first met with her, I could tell right away that she is very knowledgeable and experienced, which made me feel I would be comfortable working with her. Throughout the entire process, she was incredibly helpful by answering questions I had and was easy to get in touch with when I needed her. With her attention to detail and familiarity with the immigration process, I felt more than prepared for my interview. The immigration procedure can be complex and confusing. With Jing assisting me, I always felt confident that I would be successful. She made a scary process very simple and comfortable for me. Thank you, Jing, for the the help and support you provided to get me through this.”

N. Bakondi, Vienna, VA

“I first met with Jing when my wife’s case was with another lawyer. We went to her for a second opinion. And after that she became a lawyer on my case. Time and time again, Jing has shown me that she is very detailed-oriented, has strong knowledge, and always keeps up-to-date with the laws. I have learned from my wife’s case that one little change in regulation can change your case from black to white. My wife’s lawyer did not do a good job with keeping himself updated with the laws, and he almost ruined our lives. Thanks to Jing, she not only helped my wife’s case but also helped another client of my wife’s lawyer. I still remember how excited my wife’s lawyer was when he called another client of his (right in front of me) to tell that person he won’t have to leave the country because the law has changed. The most important thing which I like the most about Jing is her HONESTY. Many immigration lawyers say yes to give you a day dream so they can make money from you while trying not to mention unhappy facts to you. Jing is different. She will tell you upfront what you will have to face and what you have to live with, both the bright side and the dark side. She has proven to me that I can trust her. Therefore, I believe her when she ends all emails with “Your truly”.”

Peter T., Sterling, VA

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