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 INS 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.
Who Needs a Visa?
Anyone who is travelling 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.
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.
B - Temporary visitors for business or pleasure.
C - Aliens in Transit
D - Crewmen
E - International Traders and Investors
G - Representatives to international organizations and their families and employees.
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
R - Religious Workers
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 Immigration and Naturalization Service. After receiving approval from the INS, you then must go to your local U.S. consulate to complete your processing.
Arrival-Departure Records
What is an Arrival-Departure Record? Once you receive an immigrant or nonimmigrant visa, you are authorized to travel to the United States. However, a visa does not guarantee that you will be allowed to enter the United States. The INS has authority to grant or deny your admission to the United States. The INS also will determine how long you may stay in the United States.
An Arrival/Departure Record is created by the INS when the traveler is inspected upon arrival in the United States. The inspector endorses the INS 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.
If you want to stay longer than the date authorized by your INS Form I-94, you must apply for an extension with the Immigration and Naturalization Service. The decision to grant or deny a request for extension of stay is made solely by the INS.
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