A prevalent concern among foreign nationals traveling or residing in the United States pertains to the ramifications if their visa expires while they remain within the country’s borders. The resolution to this query is highly contingent upon the unique conditions of one’s stay and the category of visa held. Please continue reading as we explore what you should know about these matters and how a knowledgeable Essex County Immigration Attorney can assist you.
How Do I Prevent My Visa from Expiring During My Stay in the U.S.?
First and foremost, it’s important to understand the key distinction between your visa expiration date and your authorized period of stay. The visa expiration date, found on your visa stamp in your passport, indicates the last day you can use that visa to enter the country. The I-94 (Arrival/Departure Record) expiration date determines how long you are legally authorized to remain within the country’s borders. This date is typically noted in your electronic records, or in some instances, stamped in your passport upon entry. This is the critical date you need to monitor, as overstaying your I-94 date, even by a single day, can lead to devastating consequences.
To prevent the expiration of your U.S. non-immigrant visa during your stay, it’s necessary to apply for an extension of stay or a change of status with U.S. Citizenship and Immigration Services (USCIS) before the expiration of your authorized departure date as indicated on your I-94 record. Should additional time be required, Form I-539, Application to Extend/Change Non-immigrant Status, must be filed well in advance. If you are already out of status, you might be able to file Form I-601, Application for Waiver of Grounds of Inadmissibility, to avoid serious consequences; however, it’s crucial to consult a qualified immigration attorney immediately.
What Happens if My Visa Expires During My Stay?
Although departing the United States may present emotional challenges, adherence to the stipulations of your I-94 record is imperative. Failure to comply, resulting in an expired I-94 record while remaining in the country, could lead to any or all of the following repercussions:
- Detention, initiation of removal proceedings, and subsequent deportation from the U.S.
- A prohibition on re-entry into the U.S. ranging from three to 10 years, or indefinitely.
- Future disqualification from, or significant challenges in, petitioning for any other U.S. visa classifications.
If you are in the U.S. and need to extend or adjust your visa status, it’s crucial to act proactively. The Law Offices of Christopher T. Howell can provide the legal guidance you need to navigate this complex process. Contact us today to schedule a consultation.