Last week, I started this two-part series discussing the differences between Visas and Status.  Visas are just a document that indicates that someone at an Embassy or Consulate has reviewed your visa application and believes that you are qualified to enter the U.S. and that for the validity period of the visa, you are allowed to come to the US and request permission to enter the US in that status.

At the border, you will be examined by a customs inspector — an officer of U.S. Customs and Border Protection (CBP).  The officer, if he agrees that you meet the qualifications to enter the US in the requested category, will grant you status.  Status is permission to stay the US in the requested visa category.  That grant of status will also decide how long you may stay here in that visa category.

That grant of status is what is important.  He can give you one day of status, or he can give you two or three years or more.  Your status can end before the expiration date of your visa, but it can also extend past the date of your visa.  But, because of the great authority given to these border inspectors, their determination will almost always be the last word.

Several employment visas are governed by USCIS petition approval notices.  The R – r-ligious worker visa and the H – temporary professional worker visas, for example, cannot be issued for a period extending past the validity already approved by the USCIS.   But when you enter the US, the border guard will frequently feel free to completely disregard what is written in the approval notice, and go ahead and issue what he wants to.  As I stated above, thus frequently goes past the validity period of the visa and the petition.

It is my understanding that, officially, the USCIS does not like this situation.  It is their position that, if the border officer gives you extended time past the expiration of the petition approval, then you should go back and ask the CBP officer to “correct” it.   In general, if you do that, the CBP officer will refuse to do it, taking the position that he had the authority to do what he said.  And to be honest, I have never seen a USCIS officer give anyone a hard time for being past the end of his “petition-approved” status if he also had a currently valid I-94 from the CBP officer showing current status.

 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