If you are a foreign national seeking to live or work in the United States, you will need to obtain a visa. If your application is approved, it can understandably be confusing to differentiate between the visa expiration date and the length of time you have permission to remain in the U.S., known as the authorized period of stay, which is found on your I-94. It’s important to understand that overstaying your visa can have serious consequences. As such, it’s important to know when your visa expires and why connecting with a knowledgeable New Jersey Immigration Lawyer is in your best interest to protect your interests.
What Does It Mean When My Visa Expires?
First, it’s important to understand that a visa is simply a legal document that allows you to enter the United States, whereas your immigration status determines how long you are legally permitted to stay once you are inside the country. A nonimmigrant visa is intended for temporary travel to the U.S. for reasons such as tourism, business, medical treatment, study, or temporary work. An immigrant visa, on the other hand, is intended for travel to live permanently in the U.S. However, a visa doesn’t guarantee entry into the country. The U.S. Customs and Border Protection officials at the port of entry have the direction to permit or deny admission to the United States on a case-by-case basis.
The visa expiration date will be displayed on the visa along with the issuance date. This time between visa issuance and the expiration date is referred to as your visa validity. The visa validity is the length of time you are allowed to travel to a port of entry in the U.S.
Visa Expiration Does Not Equal Authorized Stay Expiration
When you are issued a visa, the expiration date will only impact when you can enter the country legally. If your visa expires before you reach a port of entry, you will not be able to enter the United States. This is because your visa does not determine how long your stay is, but rather your permission to enter the United States.
Your Period of Stay Is Determined by Your I-94
Those who are granted a visa will also be granted authorization to remain in the country until a certain date. This is your “admit until” date listed on your I-94, which may be different from the expiration date on your visa.
Can I Stay in the U.S. if My Visa Has Already Expired?
Contrary to popular belief, you can stay in the U.S. even if your visa has expired. However, this is only the case as long as your authorized period of stay, which is determined by the I-94 form you receive upon entry, remains valid. This means you can stay in the U.S. for the duration specified on your I-94, regardless of the expiration date on your visa. A period of authorized stay is the amount of time a foreign national can remain in the U.S. without impacting their status in the country. Once an authorized period of stay expires or the government finds you have violated the conditions of your admission, you will begin to accrue unlawful presence.
What Happens if I Overstay My I-94?
In the event you remain in the United States after your authorized stay expires, it can have serious consequences. This is because you are technically no longer lawfully in the country. Unlawful presence is any time you remain in the United States without being permitted, paroled, or otherwise authorized by the Department of Homeland Security.
Consequences of Overstaying
- 3-Year Bar: If you accrue over 180 days of unlawful presence, you may be barred from re-entering the country for three years.
- 10-Year Bar: If you accrue more than 356 days of unlawful presence, the bar on re-entry into the United States increases to ten years.
- Visa Revocation: Overstaying your authorized period can result in the automatic cancellation of your visa
- Ineligibility for adjustment of status
- Removal proceeding
- Detention or arrest
What If I Applied to Change My Status?
In the event that your visa is close to expiring or you are reaching the “admit until” date on your I-94, you may file a request with USCIS to extend your current status or adjust/change your current status.
Authorized Stay While Your Case is Pending Decision
In general, so long as you filed the application to extend or change your status before the expiration of your authorized stay, you are generally allowed to remain in the country while this is pending. This means you may remain while USCIS reviews your case and will not begin accruing unlawful presence until USCIS issues a decision on the matter of your case.
Unlawful Presence Begins When:
- You remain after your I-94 date expires without a pending status adjustment
- A change is requested and denied, and your original stay period has expired
If these reflect your circumstances, you will begin accruing unlawful presence in the United States.
What Happens If USCIS Denies the Application?
In the event that your adjustment of status is denied by USCIS after your I-94 expires, your unlawful presence will begin the day after the denial decision.
If your I-94 has not yet expired when USCIS denies your application, unlawful presence will begin the day after the I-94 expiration date.
Connect With a Middlesex Immigration Attorney Today
Navigating the immigration process is one of the most confusing and complex aspects of the United States’ legal system. That is why it is imperative to have an experienced attorney on your side during these matters. At the Law Offices of Aditya Surti, LLC, we are prepared to help you handle all immigration-related matters. Connect with our firm today, as we will do everything in our power to safeguard your interests.