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What is the Difference Between a Visa and an Arrival-Departure Record?
Visas What is a Visa? A visa is a permit to apply to enter the United States. If needed, it is normally obtained at an American consulate outside the United States. It classifies the visit as business, tourism, etc. and is usually valid for multiple visits to the United States during a specified period of time. An immigrant visa is given to someone who intends to live and work permanently in the United States. In most cases, your relative or employer sends an application to the BCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf.) A nonimmigrant visa is given to someone who lives in another country and wishes to come temporarily to the United States for a specific purpose. Nonimmigrant visas are given to people such as tourists, business people, students, temporary workers, and diplomats. Anyone who is traveling to the United States to become an immigrant must have an immigrant visa. In addition, most people who want to travel to the United States as nonimmigrants require a visa. Under the Visa Waiver Program, nationals of participating countries do not require a visa to apply to enter the United States as a visitor for business or pleasure (B-1 or B-2 visa categories), if staying for no more than 90 days, and if not inadmissible (see INA § 212 (a)). In addition, Canadians do not generally require a nonimmigrant visa unless they are coming to the United States as a Treaty Trader. Some other categories of aliens do not require visas. Please see 8 CFR § 212.1 for more information. How Do I Apply for a Visa? For the following nonimmigrant categories, you should apply directly with the Department of State (which oversees all American consulates):
A - Diplomatic and other government officials, and their
families and employees. For all other nonimmigrant visa categories, and for all immigrant visas except those won through the Diversity Visa Lottery Program, you must first apply with the BCIS. After receiving approval from the BCIS, you then must go to your local U.S. consulate to complete your processing. Arrival-Departure Records An Arrival/Departure Record is created by the BCIS when the traveler is inspected upon arrival in the United States. The inspector endorses the Form I-94 (Arrival/Departure Record) with the date, place of arrival the "class of admission" (which corresponds to the visa class), the length of time the traveler may remain in the United States, and any special conditions which may apply to the visit. The inspector keeps the Arrival portion of the form and returns the endorsed departure portion to the traveler who must keep the card in his possession until he leaves the United States. When the traveler leaves the United States, he must surrender the departure portion of the I-94 to the airline representative, if he travels by air, or to the immigration or customs officer if he departs across the border to Canada or Mexico. For more, please see How Do I Get an Arrival-Departure Record? and How Do I Get Legally Admitted to the United States?. If you want to stay longer than the date authorized by your Form I-94, you must apply for an extension with the BCIS. The decision to grant or deny a request for extension of stay is made solely by the BCIS. For more information, please see How Do I Get Permission to Extend My Stay in the United States?. Who Needs an Arrival Departure Document? Most foreign travelers will receive an Arrival Departure Record when arriving at a U.S. port-of-entry. Where Can I Find More Information? You may also want to read more about Special Registration requirements and related departure requirements For more information on visas, you should see our list of information that will provide information on visas and other immigration-related topics. Also, please visit the State Department Website. For more information on requirements for employment-based immigration visas, please see the Department of Labor's Employment and Training Administration Website. Copyright © 1999-2002 American Immigration LLC, ILW.COM
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