Entering a country without a valid visa or visa exemption may result in detention and removal (deportation or exclusion) from the country. Undertaking activities that are not authorised by the status of entry (for example, working while possessing a non-worker tourist status) can result in the individual being deemed liable for deportation—commonly referred to as an illegal alien. Such violation is not a violation of a visa, despite the common misuse of the phrase, but a violation of status; hence the term "out of status".
If a person enters the U.S. with a visa under K-1 status, they are entering the U.S. legally as a nonimmigrant. This status may be granted to them by the U.S. Department of State (DOS) after the petition their fiancé(e) filed for them is approved by the USCIS. After their legal entry, they may then be eligible to file for a work permit. This work permit will be valid for the duration of their visa, which will be 90 days. They may become eligible to extend their work permit if they marry your fiancé(e) within the 90 days and immediately file the appropriate application.
The United States of America does not require exit visas. Since October 1, 2007, however, the U.S. government requires all foreign and U.S. nationals departing the United States by air to hold a valid passport (or certain specific passport-replacing documents). Even though travellers might not require a passport to enter a certain country, they will require a valid passport booklet (booklet only, U.S. Passport Card not accepted) to depart the United States in order to satisfy the U.S. immigration authorities. Exemptions to this requirement to hold a valid passport include:
H-3 trainees: The length of the proposed training program, plus up to ten days before and after the start and end dates. If the initial program was designed to last for a shorter period than this but has been continued, the employer may request an extension from USCIS, up to the maximum authorized stay, which is two years (or 18 months for a special education exchange program).
The CARICOM Visa was introduced in late 2006 and allowed visitors to travel between 10 CARICOM member states (Antigua & Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica, St. Kitts & Nevis, St. Lucia, St. Vincent & the Grenadines and Trinidad and Tobago). These ten member countries had agreed to form a "Single Domestic Space" in which travellers would only have their passport stamped and have to submit completed, standardised entry and departure forms at the first port and country of entry. The CARICOM Visa was applicable to the nationals of all countries except CARICOM member states (other than Haiti) and associate member states, Canada, France, Germany, Ireland, Italy, Japan, the Netherlands, South Africa, the United Kingdom, the United States of America and the overseas countries, territories or departments of these countries. The CARICOM Visa could be obtained from the Embassies/Consulates of Barbados, Jamaica and Trinidad & Tobago and in countries that have no CARICOM representatives, the applications forms could be obtained from the embassies and consulates of the United Kingdom. The common visa was only intended for the duration of the 2007 Cricket World Cup and was discontinued on May 15, 2007. Discussions are ongoing into instituting a revised CARICOM visa on a permanent basis in the future.
The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. In order to enjoy the privilege of unencumbered travel in the United States, you have a responsibility to prove you are going to return abroad before a visitor or student visa is issued.
^ LIPTON, Eric (15 December 2006). "Administration to Drop Effort to Track if Visitors Leave". The New York Times. Retrieved 25 April 2019. Efforts to determine whether visitors actually leave have faltered. Departure monitoring would help officials hunt for foreigners who have not left, if necessary. Domestic security officials say, however, it would be too expensive to conduct fingerprint or facial recognition scans for land departures.
J visa holders subject to the two-year rule are not permitted to remain in the United States and apply for an adjustment/change of status to a prohibited nonimmigrant status (for example, from a J visa to an H visa) or to apply for legal permanent resident status (Green Card) without first returning home for two years or obtaining an approved waiver. Whether you are subject to the two-year rule is determined by a number of factors, including your source of funding and your country's "Skills List." It is not determined by the amount of time you spend in the United States.
Once in the country, the validity period of a visa or authorised stay can often be extended for a fee at the discretion of immigration authorities. Overstaying a period of authorised stay given by the immigration officers is considered illegal immigration even if the visa validity period isn't over (i.e., for multiple entry visas) and a form of being "out of status" and the offender may be fined, prosecuted, deported, or even blacklisted from entering the country again.
Some types of visa like B1 may not expire with the expiry of the holder's passport. An unexpired, endorsed visa in an expired passport may be presented for entry into the USA, as long as the visa itself has not been cancelled, is undamaged, is less than 10 years old and is presented with a valid non-expired passport, provided that both passports are for the same nationality.
Marriage visa, granted for a limited period before intended marriage or civil partnership based on a proven relationship with a citizen of the destination country. For example, a German woman wishing to marry an American man would obtain a Fiancée Visa (also known as a K-1 visa) to allow her to enter the United States. A K1 Fiancée Visa is valid for four months from the date of its approval.
Visas can also be single-entry, which means the visa is cancelled as soon as the holder leaves the country; double-entry, or multiple-entry, which permits double or multiple entries into the country with the same visa. Countries may also issue re-entry permits that allow temporarily leaving the country without invalidating the visa. Even a business visa will normally not allow the holder to work in the host country without an additional work permit.
Every country processes visa applications at a different rate. Make sure to check the government website of the country you intend to visit to find out how fast they process visa applications. For example, visa applications from Russia to visit Canada take approximately 8 days to process, while Canadians looking to travel to India are advised to submit visa applications at least 15 days in advance.