What Happens If Your Visa Expires While You Are Still in the United States?
Many people come to the United States with temporary visas for tourism, studying, work, or visiting their family and friends. The main problem comes into play when their visa expires while they’re still in the United States. When the visa expires, the visitor is not required to immediately leave the U.S.; however, the situation can lead to significant immigration consequences. Understanding the difference between a visa and immigration status and the consequences of the expiration of a visa can help people avoid any future complications when staying in or coming back to the United States.
Understanding the difference between a visa and your status
Another common misconception is that the length of stay in the country is controlled by your visa. This is not true. A visa is just an application document that is used to get permission to enter the country at a port of entry. Your length of stay is controlled by your status, as shown in your I-94.
For example, your visa might expire in one year, but your permission to enter might only allow you to stay in the country for six months. You will then need to leave.
Consequences of overstaying your visa
Should an individual stay beyond the mentioned date indicated on their I-94, they would then be considered “out of status.” This would have various effects:
Under U.S. immigration law, the individual would begin to accrue unlawful presence if they stay beyond the amount of time indicated on their I-94. If they stay beyond one year, they would then incur a ten-year bar if they leave. If they stay beyond the 180 days and then depart, they would incur a three-year bar. Individuals who stay would become subject to deportation
Options that may be available
It should be noted that an expired visa does not always mean that the door has been closed. There may be several alternatives depending on the case. There may also be the possibility to extend your status if the application has been made prior to the expiration of the stay. You might also be allowed to change your status, particularly if you have immediate relatives in the U.S.
Why legal guidance matters
Visa expiration or overstaying can bring many immigration challenges, and while the situation can seem bleak, there is help available that can ensure the right to stay in the U.S. or return at a future time.
Individuals who are dealing with the expiration of their visas need the expertise of a seasoned immigration lawyer who can assess the situation and provide the necessary guidance in the most effective route available under the law.
Talk to a Miami, FL, Immigration Attorney Today
Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants seeking to stay in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.