I have people tell me all the time that their visa expires in six months, when what they really mean is that their stay here in the US expires in six months.   Likewise, I have had people say that they can stay here ten years because they have a ten-year tourist visa.  What is a visa?   And what does it have to do with how long you can stay in the US.

I will try to explain.   Like everything else in immigration law, it is a complicated concept.   A visa has nothing to do with how long you can stay in the US.   A visa is simply advanced permission to come to the border and ask if you can come in.   The idea behind a visa is that you have gone to an Embassy and they have said “We have reviewed this person, and, in our opinion, he is qualified to enter the US, and so we are giving him advanced permission to request permission to enter the US in the requested category.”  If they give you a 45-day visa, you have 45 days to come and request permission to enter the US in that category.   If they give you a 90-day visa, you have 90 days to come and request permission to enter the US in that category.   If they give you a ten-year visa, you have ten years to come and request permission to enter the US in that category.

In addition, they will give you either a one-entry visa or a multiple-entry visa.   A one-entry visa is just that — you are allowed to use it to enter the US only one time, and it must, of course, be within the validity period of that visa.    A multiple entry visa can be used for an unlimited number of entries during the validity period of the visa.

It is also important to remember that a visa is in no way a guarantee that you will be able to enter the US.   A visa only means that the Consulate talked to you and reviewed your documents and determined, to their satisfaction, that you are qualified to enter the US under the requested category.   It is not a determination that you are qualified and should be admitted.

When you come to the border, the border guard will make his own determination.   He has complete authority to decide that, regardless of the Consulate’s approval, he does not think that you are qualified to enter.   He will understand that the visa means that the Consulate reviewed your case, but he has complete discretion to ask his own questions and require his own evidence, and to decide that he does not agree; to decide that he thinks you do not qualify to enter under that visa.

Then, if he does let you in, he is the one who decides how long you may stay.  It has nothing to do with the length of time that the visa is valid.

I will continue this discussion next week, focusing on the “Status” side of the discussion.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong