Immigration

Srinivasa Reddy Kandi: Understanding the Difference Between Visa and Immigration Status

February, 28, 2025-05:16

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Understanding the Difference Between Visa and Immigration Status

What Is a Visa vs. Status?
A visa is an official document issued by the United States that permits an individual to enter and reside in the country for a designated duration. Applicants must seek a visa at a U.S. embassy or consulate located outside the country. The application process requires specific documentation to demonstrate eligibility for the desired visa category. In contrast, immigration status refers to the legal standing granted to an individual by the U.S. government.

Visa
The type of visa held by an individual defines their rights and obligations while in the country. For instance, a person holding a student visa may be permitted to pursue education but would not have the authorization to work unless they possess a valid work visa.

Visas are primarily categorized into two types: immigrant and non-immigrant. Immigrant visas are designated for those intending to reside permanently in the United States, whereas non-immigrant visas are for individuals planning to remain temporarily.

Status
An individual's immigration status is contingent upon the type of visa they hold. For example, a person with a student visa is classified as a "student," while someone with a work visa is designated as a "worker." A holder of a green card is recognized as a “lawful permanent resident.”

Visa & Status Expiration
The key distinction between a visa and immigration status lies in the fact that a visa can expire, whereas immigration status remains valid indefinitely.

A visa may expire for various reasons, including the expiration of the holder's passport or the conclusion of their academic program. If a visa expires, the individual must apply for a new one to continue their stay in the country.

Conversely, immigration status does not have an expiration date. Once an individual is granted a specific status, it remains in effect until their situation changes. For example, a student visa holder may later transition to permanent residency.
It is essential to monitor both your visa and immigration status, as these factors can significantly influence your ability to remain in a country. Should you have any inquiries regarding your visa or immigration status, it is advisable to consult with an immigration attorney.

How Can I Acquire a United States Visa?
There are two primary methods to obtain a United States visa: through sponsorship by a family member or employer, or via a refugee/asleep visa. If you have a relative who is a citizen or lawful permanent resident of the United States, they may sponsor your visa application. Additionally, if an employer is willing to support your visa application, they can also act as your sponsor.

How Do I Modify My Immigration Status?
To change your immigration status, you must apply for a new visa. This can be accomplished by reaching out to the United States embassy or consulate in your home country. Alternatively, if you are currently in the United States, you may apply for an adjustment of status by submitting a petition to the United States Citizenship and Immigration Services (USCIS) without needing to go through the consulate.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.