Obtaining a U.S. visa to work, live, study, etc. in the country is often the first step in an exciting new chapter of life. When entering the U.S. as a foreign citizen, it is important to understand the terms and conditions of your visa and legal status. Immigration law is often confusing and overwhelming. While it may come as a surprise, it is possible to legally stay in the United States even after your visa expires, depending on the specifics of your circumstances. Reach out to an experienced immigration attorney in NYC for more information and skilled representation.

What is a Visa?

When you wish to travel to the United States, you can apply for an immigrant or nonimmigrant visa depending on how long your stay will be. A citizen of a foreign country is required to obtain a U.S. visa before entering the United States. The visa will reside in the individual’s passport.

While certain travelers may be able to enter the U.S. without obtaining a visa, it is better to be safe than sorry. An immigrant visa can be issued to individuals who want to live permanently in the United States. A nonimmigrant visa is granted for a temporary stay.

What is a Visa Expiration Date?

Your visa will have an issuance date and an expiration date. The time between those dates is when your visa is considered valid. Your visa validity is the amount of time that you are legally allowed to enter the United States. However, these dates do not necessarily reflect the amount of time that you are permitted to stay in the country, and having a visa does not guarantee entry.

Can I Stay in the U.S. if My Visa Expires?

Whether or not you can enter the country and for how long is determined by a CBP (Customs and Border Protection) officer. When you arrive at a port of entry, you must go through customs. The officer you work with will determine the length of your visit. They will give you an admission stamp or Form I-94 which will contain either an admitted-until date or D/S (duration of status).

If you have an admitted-until date, that specific date dictates when you have to leave the United States, regardless of your visa status. If you have D/S, you can remain in the country for the duration of your studies, employment, or whatever reason you have to enter the U.S.

In short, you can stay in the United States even if your visa expires, given that you have permission from a CBP officer. Your visa expiration date has no bearing on whether or not you can remain in the country, only the admitted-until date or duration of status do.

Immigration law is often complex and it is crucial that you understand your rights and obligations as a foreign individual in the United States. Work with a skilled attorney for more information and legal advice.