Regardless of your reason for entering the United States, you may be relieved to receive your visa, as the application process can be grueling. However, when you are in the country, you may discover that your visa has expired. This can be incredibly overwhelming, as there is much uncertainty around what this means for you. As such, it is imperative to act quickly and contact experienced Virginia immigration lawyers to explore your legal options during this difficult matter.
Why an Expired Visa Does Not Always Mean You Are Out of Status
Though they are related, visa expiration and lawful status are two different concepts under U.S. immigration law. Understanding how these differ is imperative to understanding whether or not you are allowed to remain in the country and what actions, if any, you must take to protect your lawful status.
In general, a visa determines when you are allowed to enter the United States, while lawful status determines the length of your permitted stay once you are admitted. Confusion can result in unnecessary panic or serious immigration consequences.
Visa Expiration vs. Lawful Period of Stay
- Your visa expiration date only determines the last day you are allowed to enter the United States
- Your visa may expire while in the U.S. without automatically violating immigration laws
- Lawful status is determined by the date on your Form I-94, Arrival/Departure Record
- Remaining in the United States past the date on your I-94 will result in unlawful status
How Does Form I-94 Determine the Length of Your Stay?
When you arrive at a port of entry in the United States, you will be issued a Form I-94 by a Customs and Border Protection officer. This document, not the stamp on your visa, determines how long you are permitted to stay in the country. Generally, as long as the date on your Arrival/Departure form has not passed, you are permitted to remain in the country lawfully.
What Information Does the I-94 Contain?
- The specific date you must depart the United States
- Whether your stay is determined by a date or “D/S” (Duration of Status)
- Whether overstaying the visa will result in future immigration consequences
- If you are eligible for an extension or change of status
What Happens if You Overstay Your Authorized Period of Stay in Virginia?
Overstaying your authorized period of stay in the U.S. can trigger serious penalties. These consequences often extend beyond your current stay and impact your ability to reenter the country at a later date. The length of your overstay and your prior immigration actions can determine the severity of your consequences.
Consequences of Overstaying an I-94
- Accrual of unlawful presence beginning the day after your authorized stay period ends
- Potential for a three or ten-year bar on reentry
- Increased risk of deportation
- Difficulty obtaining future visas or immigration benefits
These reentry bars are imposed by federal law once unlawful status accrues. As such, the bar will apply regardless of whether or not removal proceedings begin, meaning you can face serious long-term consequences even if you aren’t detained or deported.
In general, if you overstay your visa by 180 days, it will result in a three-year entry ban. However, if you accumulate more than 356 days of unlawful presence, you will be subject to the ten-year bar from entry.
Can You Extend or Change Status While in the United States?
Under certain circumstances, non-immigrant visas may be extended, or an applicant may apply for a change of status without exiting the country. However, timing is of the utmost importance, as you generally must file prior to the end of your authorization period on your Form I-94.
When an Extension or Status Change May Be Possible
- You were lawfully admitted into the country with a valid, non-immigrant visa
- You did not violate the terms and conditions of your current visa
- You have filed prior to the expiration of your I-94
- You are eligible for the requested visa classification
Contact an Experienced Fairfax Visa Attorney Today
An overstayed visa is not something that should be taken lightly. That is why it is imperative to work with an experienced attorney with Goel & Anderson if this reflects your circumstances. Our team will do everything possible to help you in the fight for the best possible outcome for your situation. Contact us today to discuss your circumstances with a member of our competent and compassionate legal team.
