The latest immigration and visa news for the USA, Canada, Australia, New Zealand, Ireland, and select European countries - straight from the leading immigrant advocates in the Philippines.
GOT YOUR VISA? KNOW BEFORE YOU GO.
Visas are documents issued by government agencies allowing the visa holder to present said document to an immigration officer at a port of entry.
Having a visa does not mean a person will be automatically allowed to enter a country say the U.S., Australia or the UK.
A visa is issued by a consular (or entry clearance officer -ECO in the case of the UK) based on information provided and/or documents presented by the visa applicant
An applicant for a visit visa for example would have presented evidence of access to funds for use for the duration of the intended temporary stay.
Getting paid for any kind of employment in the U.S. – including performing chores for relatives in exchange for accommodation – is a violation of the visitor visa.
The most common immigration violation of course is overstaying one’s stay. Even if you hold a 10-year, multiple entry visa, however, the length of your stay in the U.S. is determined by the immigration officer.
In the U.S. and Canada, the default duration is six (6) months. Before that initial authorized period of stay expires, and if further stay is being contemplated, then the visitor or student must submit a completed application for an extension of stay to avoid being the subject of deportation or removal.
For applying to extend stay in Canada, click this link - https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/eligibility.html
These conditions will or might be attached to this visa:
The visa holder cannot work in Australia.
8201 - Maximum 3 Months Study: While in Australia, the holder must not engage, for more than three months, in any studies or training.
8503 - No further stay: The visa holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while they remain in Australia.
8501 - Health cover: The visa holder must maintain adequate arrangements for health insurance during their stay in Australia.
8531 - Must leave before visa expiry: The holder must not remain in Australia after the end of the period of stay permitted by the visa.
8558 - Non Resident: Cannot stay for more than 12 months in any 18 month period.
U.S. State Department Official Info
(The following information is being shared as a public service as a reminder to visa applicants to and visa holders in the U.S.)
Admission to the United States and your Duration of Stay
Upon arriving at a port of entry, the CBP official will determine the length of your visit.
On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United State. If you have D/S on your admission stamp or paper Form I-94, you may remain in the United States as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.
Extension of Stay
If you came to the United States on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your admission stamp or paper Form I-94, expires. It is recommended you apply well in advance of your expiration date.
For the official USCIS/DHS Fact Sheet - click this link - https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf
Important Note: Providing permission to enter and/or remain in the United States. to persons holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard. All inquiries must be directed to USCIS.
What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?
Authors & Contributors
Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.
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