This is a guide on matters related to U.S. Visa and Passport, which is developed in Frequently Asked Questions (FAQ) format. In this guide, we address common queries and concerns about matters related to U.S. visas and Passports, aiming to provide clarity and guidance to individuals navigating the complexities of the process. This information is based on the understanding of the "Beporsed" team from various sources and is not legal advice. This guide is updated on 5th February 2024. For legal guidance and advice, we recommend consulting official sources. A U.S. visa is an official authorization affixed to a traveler's passport, permitting entry into the United States. It is required for citizens of foreign countries who wish to visit or reside in the United States temporarily or permanently. Holding a U.S. Passport signifies full citizenship in the United States, granting individuals the highest level of legal status and privileges.
Join us as we navigate the essential questions surrounding on the matters related to U.S. Visa and Passport, empowering individuals with knowledge and support on their journey to resettlement.
What is a U.S. Visa and its importance?
A U.S. visa is an official authorization affixed to a traveler's passport, permitting entry into the United States. It is required for citizens of foreign countries who wish to visit or reside in the United States temporarily or permanently. The visa application process involves various steps, including submitting documentation, attending interviews, and meeting specific eligibility criteria.
While some travelers may be eligible for visa-free travel under certain circumstances, most foreign nationals need to obtain a U.S. visa before entering the country. The type of visa required depends on the purpose of the visit, such as protection, tourism, business, study, or employment. Each visa category has its own set of requirements and restrictions.
U.S. citizens do not need a visa to travel within the United States. However, they may require visas when traveling to other countries. Visa requirements vary by country, and travelers should check the specific requirements of their destination before planning international travel.
How Can I Use a Visa to Enter the United States?
Having a U.S. visa allows you to travel to a designated port of entry, such as an airport or land border crossing, and request permission from the Department of Homeland Security (DHS) to enter the United States. However, it's important to note that possessing a visa does not guarantee entry into the country. Instead, it indicates that a consular officer at a U.S. Embassy or Consulate abroad has deemed you eligible to seek entry for a specific purpose.
Upon arrival in the United States, travelers must undergo inspection by Customs and Border Protection (CBP) officers, who are responsible for admitting individuals into the country. These officers determine the traveler's admissibility, including verifying the purpose of the visit, duration of stay, and compliance with immigration laws.
While a visa specifies the purpose of the visit and the intended length of stay, CBP officers have the authority to grant admission for a specified status and period of time. Additionally, the Department of Homeland Security (DHS) oversees immigration matters while individuals are present in the United States.
My visa expires in 3 months, what does this mean?
For Afghan individuals seeking resettlement in the United States, having a visa with a validity period of 3 months means that they have a limited window of time within which they must travel to the U.S. to utilize the visa. It's crucial to understand that once the visa expires, the visa holder will no longer be eligible to enter the United States using that particular visa. Therefore, it's advisable to make arrangements to travel to the U.S. before the visa expiration date.
In cases where the International Organization for Migration (IOM) has not arranged the flight for resettlement or if there are other reasons preventing immediate travel, individuals may need to take proactive steps to arrange their travel. It's important to note that obtaining an updated visa from the U.S. Embassy after the current visa has expired can be challenging.
While the expiration date of the visa indicates the last date on which it can be used for entry into the United States, it does not dictate the length of time an individual may stay in the country. The duration of authorized stay is determined by the Department of Homeland Security (DHS) upon entry into the U.S.
Why does my visa expire shortly after issuance, and what should I do in this situation?
Visas often have short validity periods due to the expiration of the associated medical exam. Medical exams typically expire after six months, which sets a limit on the duration of the visa's validity.
In such cases, individuals facing imminent visa expiration have several options:
- Reach out to the International Organization for Migration (IOM) for emergency assistance and flight booking. However, response times from IOM can be lengthy, so success with this option is not guaranteed.
- Arrange and pay for flights to the US independently, then upon arrival, approach a Resettlement Agency directly to request benefits.
- Undergo a new medical examination and apply for a new visa with an extended validity period. However, this process may entail delays and requires coordination with relevant agencies.
My old passport has expired, but my visa to travel to the United States is still valid and is in my expired passport. Do I need to apply for a new visa with my new passport?
No, you do not need to apply for a new visa if your current visa is still valid and intact. You can travel to the United States with both your valid passport and the expired passport containing the visa, as long as the visa has not been damaged and is appropriate for your intended purpose of travel. It's important to ensure that both passports are from the same country.
Upon arrival at a U.S. port-of-entry, such as an airport or land border, a Customs and Border Protection Immigration Officer will inspect your visa in the old passport. If the officer determines that you are admissible to the United States, they will stamp your new passport with an admission stamp and annotate it with "VIOPP" (visa in other passport). It's essential not to attempt to remove the visa from your old passport and transfer it to your new one, as doing so would invalidate the visa.
Travelers should always carry both passports when entering the United States to facilitate the immigration process and ensure smooth entry.
What happens if my visa expires while I am in the United States?
If your visa expires while you are in the United States, it generally does not affect your authorized period of stay granted by the Department of Homeland Security. The Customs and Border Protection Immigration Officer at the port-of-entry will determine and record your authorized period of stay on your admission stamp or paper Form I-94, known as the Arrival/Departure Record. This document serves as the official record of your permission to be in the United States.
As long as you remain within the timeframe specified on your admission stamp or Form I-94, you are permitted to stay in the United States, even if your visa expires during your visit. It is crucial to keep your admission stamp or Form I-94 inside your passport at all times, as it documents your authorized stay in the country.
However, if you depart the United States and need to re-enter after your visa has expired, you will generally need to obtain a new visa from a U.S. embassy or consulate abroad before returning. Additionally, overstaying the authorized period of stay can have serious immigration consequences, including future visa ineligibility and potential removal from the United States.
I changed my name. Is my U.S. visa with my old name still valid?
If your name has legally changed due to marriage, divorce, or a court-ordered name change, your U.S. visa with your old name is no longer valid. In such cases, it is necessary to obtain a new passport reflecting your new name. Once you have obtained a new passport, the Department of State recommends applying for a new U.S. visa that reflects your updated name.
Traveling with a passport and visa that do not match your current legal name can lead to complications and delays during immigration processing. To avoid such issues, it is essential to ensure that your travel documents accurately reflect your current legal name.
Applying for a new U.S. visa with your updated name will facilitate smoother travel to and from the United States, as it aligns your documentation with your legal identity. This process involves submitting the required application forms, and supporting documents, and attending a visa interview at a U.S. embassy or consulate.
What is a travel document? How do I get one?
A travel document, specifically a re-entry permit, is a form of documentation that allows a permanent resident or green card holder to re-enter the United States after residing in another country for an extended period, typically up to two years. This permit is essential for maintaining permanent resident status while living abroad for an extended duration.
To obtain a re-entry permit, you need to submit Form I-131, Application for Travel Document, to the US Citizenship and Immigration Services (USCIS). This form is available for download on the USCIS website or can be obtained from your nearest USCIS office. The application process typically involves completing the form accurately, providing the necessary documentation to support your request, and paying the required application fee.
Additionally, applicants may need to attend a biometrics appointment, where fingerprints and photographs are taken for identification purposes. USCIS will review your application and supporting documents before making a decision on whether to issue the re-entry permit.
It's important to apply for a re-entry permit before departing the United States if you plan to live abroad for more than one year to avoid risking the abandonment or revocation of your permanent resident status.
I just came to the US, should I register myself to vote in elections?
No, as a non-citizen resident of the US, you should not register to vote in elections. Only US citizens are eligible to register and vote in elections. It's crucial to avoid accidentally registering to vote, as doing so can have serious consequences, including jeopardizing your eligibility for naturalization and even potential deportation in extreme cases.
When filling out forms at places like the Department of Motor Vehicles (DMV) for your driver's license or ID, be cautious not to inadvertently register to vote. Some DMVs may offer voter registration without verifying citizenship status. Additionally, be wary of individuals or campaigns soliciting voter registration outside of official channels, such as at retail stores like Walmart.
It's important to understand that permanent residents, also known as green card holders, are not eligible to register or vote in US elections. USCIS (US Citizenship and Immigration Services) has access to voter registration records and could discover any instances of non-citizens registering to vote or participating in elections, which can have serious legal ramifications.
Why can't I get my money back if my U.S. visa application has been refused?
The fee paid for a U.S. visa application is a non-refundable application fee. This fee is required for the processing of visa applications worldwide and covers the administrative costs associated with reviewing and adjudicating each application, regardless of whether a visa is ultimately issued. Even if a visa application is denied, the fee is not refunded as the application has undergone processing to completion.
For instance, if an applicant's visa application is refused under Section 214(b) of the Immigration and Nationality Act, which pertains to non-immigrant visa denials based on failure to demonstrate strong ties to their home country, and the applicant chooses to reapply for a visa, they are still required to pay the visa application processing fee again.
It's important for applicants to understand that the application fee is separate from any other costs associated with the visa process, such as medical examination fees or fees for supporting documentation. The application fee is standardized and applies uniformly to all visa applicants globally.
For specific details on visa application fees, applicants can refer to the Fees for Visa Services page provided by the U.S. Department of State.
After I have my visa, I will be able to enter the U.S., correct?
Having a visa for the United States does not guarantee entry into the country. While a visa permits a foreign citizen to travel to the U.S. port-of-entry, it is the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector who ultimately decides whether to authorize or deny admission to the United States.
Upon arrival at a U.S. port-of-entry, travelers with visas undergo inspection by CBP officers who review their travel documents, ask questions about the purpose of their visit, and determine their admissibility to the country. This process may include fingerprinting and additional screening procedures.
It's important for visa holders to understand that possessing a valid visa is just one step in the process of entering the United States. Admission into the country is subject to the discretion of CBP officers at the port of entry, who assess various factors such as the traveler's eligibility, intent, and compliance with immigration laws.
I have a nonimmigrant visa that will expire soon and I would like to renew it. Do I need to go through the whole visa application process again?
Yes, if you wish to renew your nonimmigrant visa, you will typically need to complete the entire visa application process again, regardless of whether your current visa is still valid. This process involves submitting a new visa application form, paying the required fees, scheduling an interview at the U.S. Embassy or Consulate, and attending the interview.
However, there are some situations where visa applicants may be eligible for a renewal without the need for a new interview. This is often referred to as the "interview waiver" or "dropbox" program, which allows certain applicants to renew their visas by submitting their application documents via mail or courier service without attending an in-person interview.
Eligibility for the interview waiver program varies depending on factors such as the applicant's age, visa category, and previous visa history. Applicants should check the website of the specific U.S. Embassy or Consulate where they plan to apply for detailed information on renewal procedures and eligibility criteria.
How can I find out how long I am authorized to stay in the United States?
A visa does not guarantee entry into the United States but allows a foreign citizen to travel to a U.S. port of entry and request permission to enter the country. Upon arrival, U.S. Customs and Border Protection (CBP) officials have the authority to permit or deny admission and determine the duration of stay for travelers.
Upon granting entry, a U.S. immigration inspector provides an admission stamp or paper Form I-94, Arrival/Departure Record in the traveler's passport. This document is crucial, as it indicates the authorized period of stay in the United States. The admission stamp or Form I-94 may display a specific date by which the traveler must leave the U.S., or it may indicate "D/S" (duration of status).
It's essential for travelers to review their admission stamp or Form I-94 carefully and understand the indicated duration of stay. If a specific date is provided, it signifies the deadline for leaving the United States. On the other hand, "D/S" implies that the traveler's authorized stay is linked to a specific status, such as that of a student or exchange visitor.
Maintaining a valid admission stamp or Form I-94 in the passport is crucial, as it serves as proof of permission to be in the United States. For detailed information about admission and duration of stay, travelers are encouraged to visit the CBP website and review the relevant resources.
My passport with my visa was stolen, what should I do?
If your passport containing your visa has been stolen or lost, it is crucial to take immediate action to protect yourself and ensure that your immigration status is not compromised. The first step is to report the theft or loss to the local authorities and obtain a police report or incident number, as this documentation may be required for further steps in the process.
Next, you should contact the nearest embassy or consulate of your country of citizenship to report the theft or loss and apply for a replacement passport. It is essential to do this as soon as possible, as traveling without a valid passport is illegal and may result in further complications.
Once you have obtained a new passport, you will need to apply for a new visa to replace the one that was lost or stolen. This typically involves submitting a new visa application form, paying the required fees, and scheduling an interview at the U.S. Embassy or Consulate. During the interview, you may be required to provide documentation to support your application, such as the police report and evidence of your previous visa status.
For detailed instructions on replacing a lost or stolen visa, including any specific requirements or procedures, it is recommended to visit the website of the U.S. Embassy or Consulate where you plan to apply.
I may have a claim to U.S. citizenship. Can I apply for a U.S. visa?
In most cases, individuals born in the United States are automatically granted U.S. citizenship at birth, and their citizenship is evidenced by a state-issued birth certificate. Similarly, individuals born abroad may also have a claim to U.S. citizenship if at least one parent is a U.S. citizen under U.S. law. This eligibility for citizenship is outlined in detail on the Birth of U.S. Citizens Abroad webpage, which provides comprehensive information for those seeking to understand their citizenship status.
It is crucial to note that individuals who are already U.S. citizens are not eligible to apply for a U.S. visa. Therefore, if there is a belief that one may already be a U.S. citizen, it is essential to have this citizenship claim officially determined by a consular officer at a U.S. Embassy or Consulate before initiating a visa application process. This adjudication process ensures clarity regarding one's citizenship status and prevents unnecessary visa applications for those who are already citizens.
I have dual citizenship. Which passport should I use to travel to the United States?
As a dual citizen/national, it's important to understand the requirements for traveling to the United States. Regardless of any other citizenship you hold, if you are a U.S. citizen, you must enter and depart the United States using your U.S. passport. This requirement applies to all U.S. citizens, including those who hold citizenship in other countries.
Using your U.S. passport for travel to and from the United States ensures that you receive all the rights and privileges afforded to U.S. citizens, as well as facilitates entry and exit procedures at U.S. ports of entry. It also ensures compliance with U.S. immigration laws and regulations governing the entry and exit of U.S. citizens.
While you may possess multiple passports due to dual citizenship, it's essential to remember that your U.S. passport takes precedence when traveling to and from the United States.
What is the value of having a U.S. Passport? Is having a Green Card required for it?
Holding a U.S. Passport is immensely valuable for several reasons. Firstly, it signifies full citizenship in the United States, granting individuals the highest level of legal status and privileges. Unlike Green Card holders, who are lawful permanent residents, U.S. Passport holders have unrestricted rights and freedoms, including the ability to travel internationally without visa restrictions to many countries.
Additionally, a U.S. Passport provides access to consular assistance and protection while abroad, ensuring support from U.S. embassies or consulates in times of emergencies or unforeseen circumstances. Moreover, U.S. citizens can participate fully in civic life, including voting in federal elections, running for public office, and serving on juries.
Having a Green Card is not a requirement for obtaining a U.S. Passport. Citizenship through birth or naturalization confers eligibility for a U.S. Passport. While Green Card holders enjoy certain rights and benefits, such as permanent residency and work authorization, they must go through the naturalization process to become U.S. citizens and obtain a passport.
I would like to know if my friend has applied for a visa and what the status is. Who should I contact?
If you're inquiring about the visa application status of a friend, it's important to understand that visa records are confidential under U.S. law, specifically the Immigration and Nationality Act (INA) 222(f). As such, you should direct your inquiries to your friend, the visa applicant. They can provide you with the necessary information regarding their visa application status.
Your friend should contact the U.S. Embassy or Consulate abroad where they applied for the visa to inquire about the status of their application. They can communicate directly with the embassy or consulate to get updates on whether a visa application was submitted, if a visa was issued, or if it was denied. The embassy or consulate will be able to provide them with accurate and up-to-date information regarding their visa application status.
Due to the confidentiality of visa records, it's recommended that your friend, as the visa applicant, is the one to make inquiries about their application status, not you as friend of the visa applicant.
What are financial credits and citizenship credits?
Financial credit refers to your financial reputation and history of transactions, particularly in relation to loans and borrowing. It begins with activities such as paying off loans, which gradually builds your credit score. This score is crucial for securing loans in the future, whether for purchasing a car, a house, or other necessities. It's advisable to obtain a bank card credit upon arrival in the US to start building your credit score. Using tools like the Credit Karma application can help monitor and manage your financial credit effectively. It's important to note that allowing multiple companies or banks to review your credit history can negatively impact your credit score.
On the other hand, citizenship credit pertains to your compliance and adherence to the laws of the country. It reflects your behavior as a responsible and law-abiding resident or citizen. Upholding the law, fulfilling obligations, and contributing positively to society all contribute to a good citizenship credit. This credit is intangible but can influence various aspects of your life, including legal matters and social interactions.
After what period can we apply for an American passport or obtain citizenship?
You can apply for American citizenship three months before completing five years of residence in the United States, provided you meet certain criteria. This includes having no criminal record and maintaining a clean federal credit history, free from violations and criminal acts. Any infractions may result in your case being referred to court for further consideration.
The process of obtaining citizenship typically begins with completing the necessary citizenship application documents. Once submitted, the timeline for approval can vary, ranging from two to five months. During this period, your application will undergo a thorough review, including background checks and interviews to assess your eligibility for citizenship.
Upon approval, you will be required to attend a naturalization ceremony where you will take the Oath of Allegiance to the United States.
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