Expired visa

[Harpa Timsah 13,258]

This is interesting to me because I've had this conversation several times and it seems lots of people have different understandings of a visa (both here and abroad).

My understanding of what a visa is has always been: permission to enter and legally stay in a country for a given period of time. They can be granted by different methods depending on citizenship and country, either by advanced application or "visa on entry". For instance when I go to Thailand is simply get on a plane and they stamp a visa in my passport when I arrive but when I go to India I have to apply in advance for my visa. Each blank page of US and Chinese passports are labeled visas and I imagine so are many others. So the point of my ramble is; in my opinion (which very well may be wrong) an entry stamp in a passport is a visa.

So this is why I asked if he entered on VWP (OP said visitor pass and I'm not sure what that is). So if there is no I-94 for a VWP entry I would guess to prove legal entry into the US he would have to go back to CBP to see if there is record of his entry by name or passport number and that ain't something that's gonna happen with just a phone call and an email. But first get a new passport.

I'm with you. I think the OP is new to immigration and terminology, and the fact that s/he said "visa stamp" doesn't necessarily mean s/he did not travel on the VWP. Most people who travel on that program don't even know what it is called, and I think it would be a very normal scenario to use terminology that might not be correct. Of course, everyone on this board is waiting for the word "visa" to know if the OP can get a replacement I-94, but the OP isn't clued in to this "magic word." I am not sure the the correct term for a period of entry given based on the VWP is considered a "visa on entry" in this case, though I do know what you mean and that some countries give visas on entry.

So anyway, OP, if you are still around, tell us about how you entered the US. Also, was your passport lost or stolen? I hope you filled out a police report if it was stolen.

Edited May 24, 2012 by Harpa Timsah

[Operator 1,925]

I would agree. But to get technical, the US considers a visa a "permission to apply for entry." The VWP used to be strictly show up at the border and ask CBP for entry. No advance notice or visa needed. I guess with ESTA now having to be filled out and approved electronically prior to entry you could call it an electronic visa of sorts.

It's still called "Visa Waiver" nonetheless.

Excellent point. So even if there is no I-94 and no visa to speak of for the OP there should still be an ESTA application and record of entry with DHS to prove that he entered legally, don't you think?

[jaycali 415]

Excellent point. So even if there is no I-94 and no visa to speak of for the OP there should still be an ESTA application and record of entry with DHS to prove that he entered legally, don't you think?

Exactly. VWP travelers still go through US-VISIT, meaning the passport gets scanned on entry, fingerprints and photograph taken. Since ESTA is 100% electronic, and no I-94 is issued, my best guess is that all arrival/departure records are stored in a DHS mystery database.

I arrived in the US on the VWP two weeks ago. The CBP officer immediately knew when scanning my passport that I'd been in the US in September of last year, and likewise knew I had stayed for 16 days. They scan the passport on entry, quite how they know you left is still a mystery to me (I still always ask for a European stamp when I return from the US. As proof, just in case). Maybe the airline scans the passport for them when you leave.

Edited May 24, 2012 by jaejayC

[Harpa Timsah 13,258]

The airlines give them their passenger manifests and exits are recorded that way. I agree that the entry is recorded, but is USCIS required to check CBP records in lieu of mailed in proof of legal entry?