Understand the difference between a visa stamp, a visa document, and visa status.

A visa stamp in your passport gives you permission to enter the U.S. in a certain visa status. The modern, machine-readable "stamp" is not a stamp at all, but a specially designed "foil" that is affixed to a page in your passport and carries identity and other information. Most people still use the term "stamp" instead of "foil." This entry stamp does not tell you how long you have permission to stay in the U.S.; it simply tells you how many times and for how long you have permission to apply for entry into the U.S. in that particular visa category. The visa stamp must be valid only on the day an individual is physically entering the country. Once admitted, as long as a foreign national continues to hold a valid visa document or otherwise maintain status, the visa stamp in the passport can expire without rendering the individual out of status.

The visa document indicates how long you have permission to remain in the U.S., what activities you have permission to pursue, and where you have permission to pursue those activities. The visa document, alone, does not give you permission to enter the U.S., but you must have a valid visa document in order to obtain and use your visa stamp. The most common visa documents on a university campus are the I-20 for F status, the DS-2019 for J status, and the I-797 for H, O, or TN status.

The visa status or classification is the immigration category you are granted when you are admitted to the U.S., and it is noted on your visa document and on your Form I-94. The visa status or classification determines the nature, location, and duration of your authorized activities, as well as your authorized length of stay in the U.S.

TRAVEL ABROAD: BASIC RULES

A.	Before leaving the U.S., make sure you have:
1.	A valid passport
2.	Your I-94 card. If it is not available because it is at the Department of Homeland Security (DHS) or has been lost, you may obtain the information you need from a copy. If you do not have a copy, you may be required to fill out a new I-94 at the port of departure. If you are traveling to Canada, Mexico, or the Caribbean, see "Exceptions to the Rules" below.
3.	A valid U.S. visa stamp to return to the U.S. OR all of the documents you will need to obtain a new visa stamp abroad.
B.	Before entering your home country you will probably need:
A valid passport or some other acceptable proof that you are a citizen or legal resident of that country and have the right to return to and enter it. Usually the pave the U.S.
C.	Before entering another country you should:
Contact the country's consulate or embassy and obtain a visa if one is required for citizens from your country of citizenship or lawful residence. One of the basic rights of any country under international law is the right to determine who may enter its borders, under what conditions and rules they may enter, and how long they may stay. Many factors affect whether you need a visa and how long it will take you to obtain one. These factors include, but are not limited to, the purpose of your visit; the relationship between your country and the country you plan to visit; your current visa class or status in the U.S.; your previous visa history with the country you plan to visit. Contact the embassy or consulate of the country you plan to visit before you leave the U.S. in order to save yourself much time, trouble, expense, and disappointment at the border or airport. To obtain the phone number of the appropriate embassy, call directory information in Washington, DC, at 202-555-1212 and ask for the telephone number of the embassy of the country that you plan to visit. You may also find embassy information at: http://www.embassy.org/embassies/index.html.

REENTRY INTO THE UNITED STATES: BASIC RULES

A.	To reenter the U.S. you must have three things (see "Exceptions to the Rules," Item B, for citizens of Canada):
1.	A valid unexpired passport.
2.	A visa document that is valid on and beyond the date you plan to reenter the U.S. and that has been signed and updated, if needed, by the appropriate official. If you are in F or J status you must have a valid, bar-coded, SEVIS Form DS-2019. The DS-2019 need not be signed each time you travel, but the most recent adviser’s signature, on page 1, must not be more than 1 year old on the date you plan to return to the U.S. If you need an updated signature on the DS-2019, contact the Office of Enrollment Services before you leave. If you need to obtain a new J visa stamp while abroad, contact the Office of Enrollment Services for a new document that specifically indicates its purpose is for obtaining a new visa stamp. If you are applying for an H or O visa stamp be sure to carry a copy of your approval notice and most recent I-94. PLEASE NOTE: any time you apply for a visa or enter the U.S., you should be prepared to show proof that you have adequate financial support for the remainder of your program (i.e., assistantship award letter, bank statements, employment letter, etc.).
3.	A valid and unexpired visa stamp in your passport that matches the visa document. All visa stamps include a visa type, such as B-1, J-1, F-2, etc., and an ending date. It is imperative that you read the visa stamp carefully and make sure it is valid for reentry. The visa stamp may be valid for multiple entries or it may be limited to one or two entries. It may be valid for only a few months or for the entire time listed on the DS-2019, I-797 Approval Notice, or other visa document. The duration of the validity of the visa stamp and the number of entries it permits is based upon reciprocity with the sending country. The restrictions the U.S. puts on your visa are similar to the restrictions that your country puts on the visas of U.S. citizens traveling to your country for similar purposes. Certain visa stamps may have other limitations as well.
B.	To renew or revalidate your visa stamp:
1.	If you are in a J visa classification and will need to obtain a new visa stamp prior to reentry, contact the Office of Enrollment Services at least two weeks before you leave the U.S. for a new visa document such as an DS-2019. This new document will assist you in obtaining a new visa stamp. PLEASE NOTE: You also must be able to show proof that you have adequate financial support for the remainder of your program (i.e., assistantship award letter, bank statements, etc.)
2.	If you are in H or O classification your initial stamp and extensions can only be issued, renewed or revalidated at a U.S. embassy or consulate abroad.
3.	Most temporary visas require that you have "non-immigrant intent" and a residence abroad that you have no intention of abandoning. In most cases, consular and immigration officers are required by law to deny visas and deny admission to the U.S. to persons who, they believe, intend to abandon their residence abroad and to immigrate to the U.S. permanently. One exception is the H-1B, which permits you to have "dual intent," or the intention to remain in the U.S. long-term, even though you hold the temporary status of H-1B now. The O-1 does not specifically permit "dual intent," but it functions in much the same way because it does not require that you have a residence abroad that you have no intention of abandoning. Before you travel, be sure to review the characteristics and requirements of your particular visa classification and be prepared to present appropriate evidence to the consular or port officers.
C.	Following are some guidelines for checking whether all of your documents are in order for travel.

 

I-797 Approval Notice for family

Visa Class	Visa Stamp	Visa Document	Obtaining the Visa Stamp
F	F-1 for principal, F-2 for spouse F-2 for children under 21	I-20 for F-1 principal I-20 for each F-2 family member	Initial stamp and extensions only from a U.S. embassy or consulate abroad. Not available in the U.S.
J	J-1 for principal, J-2 for spouse J-2 for children under 21	DS-2019 for principal DS-2019 for each family member	Initial stamp and extensions only from a U.S. embassy or consulate abroad. Not available in the U.S.
H	H-1B for principal, H-4 for spouse H-4 for children under 21	I-797 Approval Notice, Copy of I-129 with copy of offer letter, and Copy of LCA for principal I-797 Approval Notice for family	Initial stamp and extensions only from a U.S. embassy or consulate abroad. Not available in the U.S.
O	O-1for principal, O-3 for spouse O-3 for children under 21	Initial stamp and extensions only from a U.S. embassy or consulate abroad. Not available in the U.S.
TN	No visa stamp required for Canadian citizens Mexican citizens must have visa stamps.	Appointment letter and academic and professional credentials for a new application at the border. I-797 Approval Notice if an extension has been given in the U.S. I-94 with TN notation for principal. I-94 with TD notation for family.	Visa stamps are not necessary for Canadian citizens. Mexican citizens may obtain initial and extension stamps from a U.S. embassy or consulate abroad.

NOTE: TO ALL SCHOLARS. If ANY of the following statements apply to you, please contact the Office of Enrollment Services for revalidation before you travel:

• My most recent IAP-66 or DS-2019 is the color blue or pink, not white.
• The most recent advisor's signature on my IAP-66 or DS-2019 will be more than 12 months old at the time I plan to return to the U.S.

EXCEPTIONS TO THE RULES

IMPORTANT: If any of the situations listed in item "A" below apply to you, reread "Travel Abroad: Basic Rules," and discuss your travel plans with the Office of Enrollment Services and/or an experienced immigration attorney before you travel.

A.	Persons in the Lawful Permanent Resident (LPR) process at any level.
Applicants for LPR or "green card": Once you file an application for LPR, you can apply for and receive "Advance Parole" from the DHS. Advance Parole gives you special permission to enter the U.S.
Spouses of U.S. citizens and lawful permanent residents: DO NOT TRAVEL using temporary visa documents such as an I-20, DS-2019, I-797, Approval Notice for TN status, or TN documents. Consular and immigration officers generally assume that marriage to a U.S. citizen or lawful permanent resident indicates an intention to live in the U.S. permanently with the spouse. Consular and immigration officers have the authority to deny you a visa or deny you entry to the U.S. based on that assumption.
Others involved in the LPR process: DO NOT TRAVEL unless you have discussed your situation with the Office of Enrollment Services or with an experienced immigration lawyer. Certain actions that you take or that others take for you in the LPR process can make it difficult or impossible for you to return to the U.S. in a temporary status. These actions include, but are not limited to, filing a labor certification application, filing an immigrant petition based on family relationship, filing an immigrant petition based on employment, or filing an asylum application. Note that some of these actions may be taken by you, but others may be taken by other people in your behalf.
B.	Canadian Citizens. You are not required to carry a valid visa stamp to reenter the U.S. from Canada, but you must have a valid passport, and you must have the appropriate visa document (see chart above). When returning to Canada for short trips, be sure the keep your I-94 to present upon your return to the U.S. Do not surrender it to airline or other transportation authorities. It is a good idea to carry a photocopy (front and back) of the I-94 in case a transportation representative needs to collect the I-94 information. If you are forced to surrender your I-94 card when you depart the U.S., make absolutely certain that you insist upon being issued a new one upon reentry and that it records accurately your visa status. If you return to the U.S. without an I-94 card, then you have entered as a tourist, and all of the employment and other benefits connected to your old status are gone.

      HOW TO AVOID PROBLEMS

A.	If you have more than one visa stamp in your passport, be sure to use the correct one to enter the country. When you reenter the U.S., you are in the class in which you are admitted and which is written on your I-94 card by the immigration officer, regardless of what other stamps may be in your passport. Example: You have a B-1/B-2 tourist stamp and a J-1 stamp. You use the B-1/B-2 stamp to enter the U.S. because it is easier or you didn’t want to take time to get a proper J-1 stamp. If you use the B-1/B-2 stamp, then you are officially present in the U.S. in a tourist visa class, not J-1, even though you may have been in J-1 class before you left. If you enter in the wrong visa class, you cannot work or receive payments in the U.S. until DHS has changed your visa class back to one that permits work. This change can take months, so be careful when entering!
B.	If you are a citizen of a country that participates in the Visa Waiver Program, meaning that you are allowed to enter the U.S. as a visitor without first obtaining a visa stamp, be sure that you do NOT enter the U.S. on this program. If you enter on this program, you will be admitted as a WT or WB and will only be allowed to remain in the U.S. for a maximum of 90 days. You will not be eligible for employment and other benefits normally afforded persons in other temporary visa classifications. A WB or WT cannot be changed to another visa status, nor can it be extended beyond the 90-day period. PLEASE REMEMBER that entry on the Visa Waiver Program in WB or WT status cannot be "fixed" in the U.S. You will have to leave the U.S. and return in proper status – no exceptions.
C.	If you go to a U.S. embassy or consulate abroad to get a visa stamp, take the proper visa documents with you. If you do not have the proper document, such as the DS-2019 or I-797 Approval Notice, the consular officer has no evidence that you are entitled to that visa and cannot issue it. It does not matter that you may already have an old visa stamp in the passport. The old stamp provides no information about your current situation.
D.	Do not attempt to enter the U.S. with an invalid or expired visa stamp or no visa stamp at all. If you try to enter the U.S. with an invalid or expired visa stamp or with no proper stamp at all, the immigration officer at the port of entry has two choices: (1) to deny you entry and send you back on the next plane; or (2) to call a supervising officer and request permission to let you in without a visa. If, and only if, the supervising officer agrees, may you be admitted without a visa stamp. You must pay a fee to cover the cost of this visa waiver request. DHS will make a record that you failed to present a proper visa stamp and that DHS gave you a visa waiver. If you again try to reenter the U.S. without a visa you likely will be denied entry. Often you must wait until all other passengers on your plane, train or bus have been admitted before DHS can take time to complete your admission. It may take several hours to do this. Reports from other students and scholars indicate that your wait will not be pleasant.
E.	Do not attempt to enter the U.S. without the proper visa document. If you fail to present a valid visa document, such as an DS-2019 or I-797 Approval Notice, and you try to enter the U.S., the immigration officer has two choices: (1)to deny you entry and send you back on the next plane; or (2)to admit you for a very short period of time, usually 30 days. In the latter case, you will be issued a Form I-515 that requires you to submit proper documents to your local DHS Office before the expiration date on your I-94. The time you spend explaining to the immigration officer why you do not have proper documents will not be pleasant, so please make sure you have what you need before you leave. If you are issued an I-515, then you need to contact an advisor in the Office of Enrollment Services immediately for assistance. Failure to respond to an I-515 in a timely manner is a violation of status and could be grounds for deportation.
F.	Do not attempt to enter the U.S. in the wrong visa class with the intention of changing it to the correct one later. Some people enter the U.S. in the wrong visa class because it is easier, or faster, or they are not sure they will be able to get the proper visa. They then plan to change to the proper visa class after they arrive in the U.S. Examples: entering the U.S. as a tourist when the real intention is to enroll as a student or to change to J or H class in order to work. Generally this is considered visa fraud, and the DHS will examine very closely any application to change visa class under these circumstances. In addition, you cannot work or attend school until you have obtained the proper visa class and the necessary approval. Therefore, it is imperative that you enter in the proper visa class to avoid long delays and possible unpleasant exchanges with DHS.

SPECIAL CAUTION TO CANADIAN CITIZENS

If you are a Canadian citizen and are not entering the U.S. as a tourist, be certain to present the proper visa documents to the immigration officer when entering the U.S. EVEN IF THE IMMIGRATION OFFICER DOES NOT ASK TO SEE THEM. Make sure that you are issued an I-94 card with the proper visa classification noted on it. If you do not present the visa document to the immigration officer for validation, you will have entered the U.S. as a tourist and will not be allowed to work until you have obtained approval to have your visa class changed.

If you are attempting to reenter in TN status, remember that the TN requires that you have an intention to return to Canada. See "Exceptions to the Rules".