Your Visa Expiration Date Is Not Your U.S. Stay Deadline

A U.S. visa’s expiration date does not determine how long you may remain in the United States. The visa generally allows you to travel to a U.S. port of entry and request admission. When you arrive, a Customs and Border Protection (CBP) officer determines whether you may enter and how long you are authorized to stay.

The key document for your authorized stay is your Form I-94, Arrival/Departure Record.

Check Your I-94

After admission, your I-94 will generally show either a specific date by which you must leave or a “D/S” notation, meaning Duration of Status. For most travelers with a specific admission date, the I-94 date, not the visa expiration date, controls how long they may remain in the United States.

You should:

• Check your I-94 after every entry into the United States.

• Verify that your admission information is accurate.

• Save or print a copy of your I-94 for your records.

• If you need to stay longer, take action before your authorized stay expires.

You can check your I-94 through the official CBP website at i94.cbp.dhs.gov.

What If Your Visa Expires While You Are in the U.S.?

A visa may expire while you are legally in the United States. If your I-94 authorizes you to remain beyond the visa expiration date, the visa’s expiration does not by itself require you to leave immediately. The Department of State specifically confirms that the visa expiration date does not determine the length of your authorized stay.

However, once you leave the United States, an expired visa generally cannot be used for a new entry. You may need to obtain a new visa before returning, subject to any applicable exceptions.

Do Not Overstay Your I-94

The more important deadline is the end of your authorized stay shown on your I-94, unless you were admitted for Duration of Status or have another valid basis for remaining in the United States.

Staying beyond your authorized period can result in being out of status and can have serious immigration consequences, including visa cancellation and potential problems obtaining a future visa or returning to the United States.

If you need additional time in the United States, do not wait until the last minute. An extension of stay generally must be requested before your authorized stay expires.

Understanding the difference between your visa expiration date and your I-94 can help you avoid an unnecessary overstay and protect your immigration options. If you have questions about your authorized stay or need to determine what action to take, contact Tran Flores Law at (512) 894-9984.