- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Short And Long-Term Admission To U.S.
Immigrating to the United States, like in other countries, is usually a complicated process. While some choose to enter the U.S. illegally, this can lead to a dangerous and heartbreaking outcome. Coming legally is also tricky, but an immigration lawyer can help most people through the process.
How To Gain Admission
The U.S. admission procedure is designed to give the authorities many opportunities to determine whether the person should be allowed in. The process usually involves two steps: (1) filing an application before a U.S. Consul overseas and (2) appearing at the port of entry of the U.S. (the border, airport, or seaport) before an Immigration & Naturalization Service (“INS”) officer. Even if the person has a visa issued by a consular officer, admission is not guaranteed because he must also be approved after thorough questioning by an officer of the Immigration and Naturalization Service (INS).
The Visa
Admission requires a travel document known as a “visa” (permission to enter the U.S.). The visa is usually placed in the person’s passport. It allows admission for a temporary period – either to visit or work for a specifically designated employer. Another type of visa allows the person to enter for an extended time.
Short Term Admission
Persons admitted for short periods are described as “nonimmigrants,” meaning that they do not expect to remain in the U.S. Nonimmigrants may be admitted for purposes such as tourism, study, or business. Some nonimmigrants may enter to work for a specific employer – such as multinational corporations, religious organizations, or educational institutions – for periods of one or more years.
How Long May I Remain With A Visa?
People often need clarification about how long they may remain in the U.S. A visa issued by a U.S. Consul allows a person only to seek admission at the port of entry for the period and number of times indicated on the face of the document.
When the person arrives, he is interviewed by the INS officer, who demonstrates on a separate document (the arrival-departure record, or I-94) how long the person may remain in the U.S. The INS officer can place almost any date they deem proper, but most of the time, it will be limited to a relatively short period, depending on how much time the person needs to complete the purpose of their visit. A tourist, for example, will be granted up to six months. A student can remain as long as she is in school. An H-1 or intracompany transferee (L-1) may be given three or more years.
Even where a person is permitted to remain for an extended time, each time he leaves the country, he will be allowed to reapply for admission only if he still has a valid visa.
What Happens If You Overstay Your Visa
Nonimmigrants who stay longer than permitted may be deported and face other severe penalties. Once the person overstays the allowed time, they are considered unlawfully present in the United States.
A nonimmigrant who is unlawfully present in the United States for more than 180 days can be barred from returning to the United States for three years. A nonimmigrant who leaves the United States after being here unlawfully for more than a year will be banned for ten years.
If you are in this situation, do not go to the immigration service for advice, for you will most likely be arrested. See an experienced immigration lawyer right away. They might help you extend your visa or otherwise avoid deportation or other consequences of being in an unlawful status.
Visitors For Business Or Pleasure
Tourists (“visitors for pleasure”) make up about 80% of the nonimmigrants who visit the United States each year. They are issued B-2 visas. Generally, immigration inspectors will allow tourists to remain in the United States for six months.
Tourists cannot work in the United States. Visitors for business may not work but may conduct short-term business needs – as long as a U.S. employer does not pay them a salary.
Students
Tourists may enroll as part-time students so long as the course is completed within the permitted time to visit. Some people may enter as full-time students (a minimum of 12 hours of instruction per week) to attend colleges, universities, seminaries, conservatories, academic high schools, elementary schools, or other academic institutions or language training programs. Some students enter and attend vocational education programs.
What School May I Attend With A Student Visa?
International students are barred from entry into public elementary schools or publicly funded adult education programs. But they may attend public high schools for up to 12 months if the student can pay the school for the total cost of the education.
The student may attend only a school approved by the INS. The student must have the school issue a Form I-20 (Certificate of Eligibility), which must be filed with the foreign student visa application. Generally, the school or program’s advertising literature will indicate whether it is authorized to accept international students.
Immigration Laws Change Regularly
For 2024 Immigration Law Updates: Visit The Official US Immigration Website and Consult With A U.S. Immigration Lawyer Below for guidance.
US Immigration Lawyers
For more information or questions, consult with an online U.S. Immigration Lawyer.
