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By Norka M. Schell
The following happened during a casual conversation between to friends.
"I am an immigrant in the United States I entered with a student
visa. A friend of mine asked me if I am "in status". I answered “Yes. I have a visa.” Then I
started thinking - Are the words "VISA" AND "IN STATUS" synonyms?"
No. Status is typically reflected in the visa, but “visa and
status” are two vastly different things.
When someone wishes to
come to the U.S. temporarily (whether for a number of weeks as in the case of a
tourist, an international student or a number of years as in the case of an
H-1B worker), he or she must obtain a “visa” to enter the U.S. When admitted
into the country -at an air, land or sea port, also referred to as port of
entry- the individual obtains a status.
Let’s take the example of
an international student. Before the student arrives in to the United States,
she must apply for a visa at the U.S. embassy abroad. She submits the applications
and the supporting documents. Once the visa application is approved, the
student receives her visa. The “visa” is the adhesive label covering one entire
page of the passport. This is often referred as the “visa stamp.”
Each “visa” has its own
classification. Every “visa classification” has a set of requirements that the
visa holder must follow and maintain. Those who follow the requirements
maintain their status and ensue their ability to remain in the United States. Those
who do not follow the requirements violates their status and are considered “out
of status”. “In Status” means you are in compliance with the requirements of
your visa type under the immigration law.
Therefore, it is important
to understand the concept of immigration status and the consequences of
violating that status.
