Will There Be an Issue if My Visa Expires in the U.S.?

You may be subject to strict rules and timelines if you enter the United States on a non-immigrant visa. Namely, you may only be allotted a limited duration to stay in the country, regardless of whether you are here as a tourist, student, or worker. You may wonder what would happen if you accidentally, or even intentionally, overstay your welcome. Well, it is in your best interest not to take this risk. With that being said, please read on to discover whether there will be an issue if your visa expires while you are still present in the U.S. and how one of the seasoned Lancaster County immigration waiver lawyers at Lupton Law LLC can help you proactively avoid such a problem.

Will there be a problem if my visa expires while I’m in the U.S.?

First things first, you must understand that there is a difference between your visa’s validity date and your authorized stay date. When you arrive at a United States port of entry, a Customs and Border Protection (CBP) Immigration Officer may admit you to enter the country for a specific timeframe. This timeframe will be noted as an authorized stay date on your admission stamp, formerly known as Form I-94, Arrival/Departure Record.

And so, you may legally remain in the U.S. until this authorized stay date, plus a possible grace period. This means there should be no problem if your visa’s validity date passes while you are still in the country, so long as your authorized stay date has not yet arrived. This is because your visa’s validity date more so represents the date you are initially allowed to arrive at a port of entry seeking admission into the U.S.

Can I be granted forgiveness for overstaying my visa?

Since your Form I-94 is the official record of your permission to stay in the United States, you should store it within your passport at all times. You should also remain mindful of when this imposed deadline is rapidly approaching, and give yourself enough time to coordinate plans to either exit the country, petition for an extension, or apply for an adjustment of status. Otherwise, if you are found to have an unlawful presence, you may face deportation and possible bans from re-entry in the future.

To combat these unfortunate consequences, you may want to fill out and file Form I-601, Application for Waiver of Grounds of Inadmissibility, with the United States Citizenship and Immigration Services (USCIS). This typically requires you to prove that, in your absence from the U.S., a qualifying citizen, permanent resident, or K visa relative may experience extreme hardship. This may be if you have been providing your relative with continuous healthcare and personal care, serving as the primary financial provider for your relative, etc.

Before you find yourself in an even worse position, you must retain legal representation from Lupton Law LLC. One of the competent Lancaster County immigration waiver lawyers from our law firm will guide you on what to do.