If you are in the United States when your visa expires, you’ll likely have a considerable amount of questions about your future. This includes whether or not you can remain in the country or if you will face deportation. Unfortunately, these matters can be incredibly complex. If this reflects your circumstances, you’ll want to keep reading. The following blog explores what you should know about these matters and why working with Virginia immigration lawyers is critical.
How Do I Obtain a Visa?
If you are a foreign citizen and wish to travel to the United States, whether you intend to immigrate or not, you must obtain a visa. This visa is what allows you to enter the country upon your arrival.
There are a number of different types of visas you can obtain depending on the intention behind your visit. For example, if you are looking to attend school in the United States, you’ll need to obtain an F-1 visa. However, if you are looking to immigrate to the United States, you’ll need to apply for the appropriate immigrant visa, like an IR1 or F2 visa, depending on your circumstances.
What Happens if I Remain in the Country After My Visa Expires?
When you are issued a visa, it will contain the date on which it was issued, as well as an expiration date. Your visa is valid during these dates and determines when you can legally enter the United States. As such, if your visa expires, you will be unable to enter the country, and you must reapply.
If your visa expires in the United States, you may assume you must leave immediately. You should note that this is not always the case. The expiration date on your visa only represents the last day on which you can legally enter the country. However, you will be issued an expiration date on your Form I-94, Arrival/Departure Record. This is the date by which you must leave the country, or risk overstaying your visit. Essentially, as long as the date on your I-94 Form has not elapsed, you are able to remain in the United States even if your visa has technically expired.
In the event you overstay the date on your I-94, it’s critical to understand that this can have serious consequences. You can face deportation, which is the legal process of being removed from the country. In addition, if you have overstayed your visit, it can impact your ability to obtain future visas, as you may be barred from re-entry for three years, ten years, or permanently, based on your circumstances.
As you can see, navigating visas can be incredibly difficult. That is why it is in your best interest to connect with an experienced immigration attorney if you have any questions or concerns regarding your case and your ability to remain in the country. At Goel & Anderson, we understand how complicated this process can be. That is why we are committed to helping you with any questions or challenges you may have. Contact us today to learn how we may assist you.