Being in the United States on a visa can come with strict requirements and deadlines. U.S. immigration law is complex, and many people are confused about the difference between their visa’s expiration date and the date they are actually authorized to stay in the country. If your visa expires while you are in the United States, it is important to understand what that means and the steps you should take. Continue reading for more information and consult with an experienced Astoria immigration lawyer for skilled representation.
What is a Visa?
A visa is an official document issued by the U.S. Department of State (DOS) that allows a foreign national to travel to a United States port of entry and request admission to the country. While it does not guarantee a legal stay in the U.S., it acts like a “permission slip” in a way, and is placed in your passport, allowing you to apply for entry into the country.
What Happens if My Visa Expires While I’m in the U.S.?
It is a common misconception that the visa expiration date is the day that you must leave the United States. While your visa must be valid at the time that you seek admission to the country, the expiration date of the visa has no relation to the duration that you are permitted to remain in the U.S.
Most non-immigrant visa holders will have an I-94 Arrival/Departure record. The I-94 acts as evidence of your legal entry into the United States and contains information like your immigration status and teh maximum length of time you can stay in the country.
If your visa expires but your I-94 is still valid, you are within your right to remain in the United States. The visa expiration date simply refers to the last day you can use the visa to request entry into the United States. If you are present in the country and notice that your visa has expired, do not panic. Check your I-94 records to learn the date that you are permitted to remain until.
Can I Extend My Stay?
If your I-94 date is approaching, you can apply for an extension of stay by filing Form I-529 with the USCIS (United States Citizenship and Immigration Services). An extension is available for many types of non-immigrant visas, like tourist and student visas.
In order for your extension to be approved, you must not have violated the terms of your visa, still be in lawful status, and have a valid reason to remain in the country. Overstaying your I-94 date can have significant consequences, so it is crucial that you apply for an extension if you intend to stay longer than you were originally permitted.
For more information and skilled legal advice, contact an experienced immigration attorney today.
