Can You Stay In The U.S. After Your Visa Expires?
By Alena Shautsova, New York Immigration Lawyer
If you’re visiting the United States on a nonimmigrant visa, one of the most important details you need to track is your authorized period of stay. Many people mistakenly believe that they must leave the U.S. before the visa expiration date printed in their passport—but that’s not always the case.
As a USA Immigration lawyer, I often get questions like: “What happens if my visa expires while I’m still in the country?” This blog will explain the difference between visa expiration and authorized stay, what it means to overstay, and what steps you can take to avoid immigration trouble.
Visa Expiration vs. Authorized Stay: What’s the Difference?
Understanding this distinction is crucial to staying in status.
Visa Expiration Date
This is the date on your visa stamp that tells you how long you can use the visa to enter the United States. It does not determine how long you can stay inside the country. Even if your visa expires, you may still be legally present in the U.S.
Authorized Period of Stay (I-94)
When you enter the U.S., Customs and Border Protection (CBP) grants you a specific length of stay—usually noted on your Form I-94 or admission stamp. This date controls your lawful presence in the U.S., not your visa’s expiration.
Tip from a New York Immigration Lawyer: Always check your Form I-94 at i94.cbp.dhs.gov after entering the U.S. to confirm the exact date you’re required to leave.
What Happens If You Overstay?
If you stay in the United States beyond the expiration date on your I-94, you may begin to accrue unlawful presence. This has serious immigration consequences:
Bars to Re-entry
- 180+ days of unlawful presence = 3-year bar
- 365+ days of unlawful presence = 10-year bar
You may be unable to return to the U.S. for years unless granted a waiver.
Visa Revocation
If you overstay, your current visa is automatically voided. For future travel, you’ll need to apply for a new visa from your home country.
Ineligibility for Extension or Change of Status
USCIS generally denies requests to extend stay or switch visa types if you're already out of status.
Risk of Removal
Remaining in the U.S. without legal status could lead to deportation proceedings.
Steps to Take Before Your Authorized Stay Ends
To protect your status and avoid triggering serious immigration penalties, here’s what you should do:
1. Monitor Your I-94 Expiration Date
Check your I-94 entry record every time you arrive in the U.S. If you were admitted under Duration of Status (D/S)—common for students and some exchange visitors—ensure you're still maintaining your program status.
2. Apply for an Extension on Time
If you need more time in the U.S., submit Form I-539 to U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires.
Valid reasons to request an extension include:
- Medical treatment
- Flight cancellations
- Family emergencies
- Ongoing valid activities (e.g., tourism, study, business)
Advice from the best Immigration lawyer: Include strong supporting documentation with your extension request to demonstrate your ongoing eligibility.
3. Consider Changing Status If You Qualify
Depending on your goals, you may be eligible to change your status from visitor to another nonimmigrant category (e.g., student, employment-based, spouse of a U.S. citizen).
Speak to an attorney before initiating any status change to ensure you meet the requirements.
4. Leave Before Your I-94 Expires
If no other legal options apply, leaving the U.S. on time helps preserve your immigration record. A clean departure shows future consular officers that you respect U.S. laws.
What to Do If You’ve Already Overstayed
If your I-94 has already expired, don’t panic—but act quickly.
- Speak with a New York Immigration Lawyer immediately
- Avoid traveling internationally, as re-entry could be barred
- Gather documentation that explains why you overstayed
- Explore available waivers, humanitarian relief, or family-based remedies
Some individuals may qualify for asylum, adjustment of status through marriage, or cancellation of removal depending on their situation.
Final Thoughts: Don’t Let a Visa Expiration Turn Into a Legal Crisis
Your visa expiration date does not determine how long you can remain in the U.S.—your I-94 does. Always track your authorized stay and take proactive steps to extend, change, or leave before it’s too late.
Unsure if you’re still in status or what to do next?
Get answers and legal guidance from a USA Immigration lawyer who understands your situation.
Visit: www.shautsova.com
Email: office@shautsova.com
Phone: 917-885-2261
Serving clients in New York and across the United States