Can I Stay in the U.S. with an Expired Visa?

You may be excited as you begin planning your long-term visit to the United States. But as you pack for your travel day and collect your physical nonimmigrant visa, you may notice that its disclosed expiration date is in the middle of your scheduled stay. With this, you may now be concerned as to whether you need to modify your duration of stay or if you should bother risking this travel attempt at all. Well, if this is your current predicament, please read on to discover whether you can remain in the U.S. with an expired visa and how one of the seasoned deportation defense lawyers at Lupton Law LLC can help you avoid accidentally overstaying your welcome.

How do I know how long I am allowed to stay in the United States?

Before officially crossing into United States territory, you may have to speak with a Customs and Border Protection (CBP) officer at a port of entry at the airport, seaport, or land border crossing you traveled to. Here, a CBP officer may staple a small white card, otherwise known as a Form I-94, Arrival/Departure Record, onto your physical nonimmigrant visa. This I-94 record is supposed to disclose the date you are permitted to enter the country and the date you are required to arrange your exit.

There are certain circumstances in which a CBP officer may not assign an admitted-until date but rather a duration of status. A duration of status is slightly different because it means that you may remain in the country so long as you continue to do what your specific visa type has allowed you to do. For example, until you receive your educational degree, until you finish your term at your qualifying employment, or otherwise. With this, a CBP officer may be unable to determine this exact date at the time you approach the port of entry.

How am I allowed to stay in the United States with an expired visa?

You may better understand what your admitted-until date or duration of status means within your I-94 record. Now, you must know that it is okay for this date to not necessarily align with your nonimmigrant visa’s expiration date. In other words, it is okay for your visa’s expiration date to arrive sooner than your admitted-until date or duration of status date.

Of note, your visa’s expiration date simply indicates the date on which you are no longer allowed to approach a port of entry and attempt to enter the United States. But once you are already legally admitted into the country, you can stay for your entire planned time with an expired visa. Again, this is so long as your I-94 record and your overall immigration status in the U.S. are still valid.

There is no need to remain hesitant when you have one of the competent deportation defense lawyers on your side and supporting you. So please inquire with us at Lupton Law LLC at your earliest possible opportunity.