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Many people confuse the terms “visa” and “status” when discussing U.S. immigration, but each refers to distinct legal concepts with important implications. Understanding the difference is crucial for maintaining lawful presence in the United States. Here’s a detailed explanation to help clarify:

1. What is a Visa?

  • Definition: A visa is a document or stamp placed in your passport by a U.S. consulate or embassy abroad. It allows you to travel to a port of entry in the United States and request permission to enter.
  • Purpose: The visa indicates the visa type (such as tourist, student, or work) and contains an expiration date. However, a visa does not guarantee entry into the U.S.; it only allows you to travel to the U.S. and seek admission.
  • Limitation: The validity of your visa is not an indicator of how long you can stay in the U.S. It merely allows you to arrive at a U.S. entry point and request permission to enter for a specific purpose.

2. What is Status?

  • Definition: Status is the classification granted to you by U.S. Customs and Border Protection (CBP) at a port of entry, or by the United States Citizenship and Immigration Services (USCIS) if you change your status while in the U.S. It defines the terms and conditions of your stay.
  • Duration and Conditions: Unlike a visa, your status determines how long you can actually stay in the U.S. For example, if you enter on a student visa (F-1), your status might be valid for the duration of your study program, as noted by “D/S” (duration of status) on your I-94 arrival/departure record.
  • Compliance: It’s essential to comply with the conditions of your status. Failure to do so can result in being out of status, which can lead to removal from the U.S. and affect your ability to obtain U.S. visas in the future.

3. Visa vs. Status: Key Differences

  • Travel vs. Stay: A visa is primarily for entry into the U.S., while status governs your activities and length of stay once you are in the country.
  • Expiration: A visa can expire while you are in the U.S., but as long as you maintain your status, you may remain legally. Conversely, if your status expires or is violated while you are in the U.S., you must depart, regardless of the validity of your visa.
  • Renewal and Change: You must apply for a new visa at a U.S. consulate or embassy outside the U.S., typically in your home country. Status adjustments or extensions can often be handled without leaving the U.S. through an application to USCIS.