Can I Stay in the U.S. if My Visa Expires?

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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. 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. 

Do I Have to Leave the Country if 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.

If you receive a visa, the length of time you are allowed to remain in the country will depend on the type of visa you are issued. 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.

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. even if they are not in lawful status. It’s often granted to those who file a request to change or extend their status while in a valid nonimmigrant status. 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.

Should I Consult a Lawyer?

Keep in mind if you wish to travel outside of the U.S. and re-enter after your visa has expired, you will need to apply for a new visa before you travel outside of the country. At the Lw 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.

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