06/30/2004 IMMIGRATION ALERT
VISA REVALIDATION F.A.Q.

 

In response to numerous questions from clients about the forthcoming Visa Revalidation process change, HLG offers this FAQ, which should address many questions that you may have about the forthcoming July 16, 2004 change.

  

WHAT IS A VISA?

The visa is the sticker in the passport that looks a little like a US driver's license. It is "stamped" or "stickered" right onto a complete passport page.  A "visa" is different than "status". A visa is needed to physically enter the United States, whereas "status" reflects your right to remain in the United States.  The visa only needs to be valid on the date you enter the United States. Since it governs only the individual's ability to enter the US, individuals may be in the US with expired visas.

 

For example, if you file an H-1B petition that is approved from October 1, 2004 through September 30, 2007 and you are already legally in the United States, you will be in H-1B status until September 30, 2007. No visa will be needed. However if you are abroad when the petition is approved or you leave the United States between October 1, 2004 and September 30, 2007 you will need an H-1B visa to return. When you are admitted, you will again be in H-1B status until September 30, 2007.

  

WHAT IS THE I-94 CARD?

The I-94 card is the document that is completed upon entry to the United States. It has the Departure Number on it. On it, usually handwritten, is the date that the individual is allowed to stay in the US on this particular visit, or the last day they will be in status.  Nonimmigrants should not be in the US later than the expiration date of the I-94 unless they timely file for an extension of their status or a change of status.

  

HOW IS ONE ELIGIBLE TO EXTEND THEIR I-94 CARD?

Most visa status classes allow extensions of I-94 cards or "status".  If an individual has had his status extended or changed in the US, the domestic CIS issued an official-looking (typed) I-94 card at the bottom of the I-797, Notice of Action (Approval Notice). If a person's status is extended, this new typed I-94 is the controlling document. The "entry" I-94 card should be also kept, although its I-94 expiration date no longer controls.

  

HOW DOES ONE EXTEND THEIR VISA?

Technically, one does not extend their visa stamp, but is issued a new one. Until now, there have been three ways to extend the visa stamp.

 

(1)  Revalidating within the United States. If the applicant meets several standards they can obtain the visa-stamp without leaving the US by filing with the Department of State. Those standards can be found at: http://www.hammondlawfirm.com/visa_issuance_step_by_step.htm

 

(2)  Obtaining a New Visa at a U.S. Consulate in Canada or Mexico:  Several US Consulates in Canada and Mexico accept applicants for a visa stamp. Ordinarily you pick a Consulate and schedule an appointment. The appointments may be obtained at www.nvars.com.  Once at the Consulate, the passport is dropped-off. In most instances the passport is returned within 24 hours with the new visa-stamp attached. Consulates have been requiring a greater number of in-person interviews.  Technically, the US Consulate has the discretion to deny the visa-stamp for any reason whatsoever. We have not seen a spike in refusals. If refused, however, the applicant must choose Option (3) before any re-entry into the US. Finally, one should keep in mind that many foreign nationals are required to obtain Canadian or Mexican visas before entering those countries.

 

(3)  Obtaining a New Visa at the "Home" Consulate.  Similar to (2) except the appointment and visa-stamp issuance takes place in the foreign national’s country of citizenship. Each Consulate has its own quirks and scheduling processes. You can obtain every consulate's processes on this web page: http://usembassy.state.gov/

  

SO WHAT IS THE "BIG CHANGE" THAT I HAVE BEEN HEARING SO MUCH ABOUT?

On July 16, 2004 the US is eliminating Option (1) above. That's the big change.  Again, : the process through which I-94 status extensions and I-94 status changes occur will be entirely unchanged.

  

WHY ARE THEY ELIMINATING THE DOMESTIC VISA REVALIDATION PROCESS?

Post 9/11 Security measures call for each visa applicant to have their fingerprints taken before a visa is issued. The domestic DHS and DOS offices are incapable of handling this process. Accordingly, this process must be done at the DOS' Consulates.