What is a Student Visa?
If your visa expires while you are still in the United States, you may worry that you will be categorized as an “illegal” immigrant. Understanding your legal rights and responsibilities is imperative when traveling to another country. For more information, read on and work with a knowledgeable temporary visas immigration lawyer in New York City.
Visas are legal documents that grant foreign individuals the right to travel to a U.S. port of entry and request admission to the United States. The visa will specify the purpose of your travel, depending on whether you are visiting for tourism purposes, to study, to temporarily work, etc. It allows you to present yourself at a port of entry and request entrance into the country.
Visas are issued by the Department of State and are placed in your passport. There are different types of visas for different purposes, and it’s important to keep in mind that holding a visa does not guarantee entry into the country. Customs and Border Protection officials will make final decisions regarding admission.
The I-94 form is an official record issued by U.S. Customs and Border Protection when a non-citizen enters the United States. Called the Arrival/Departure Record, this form shows the details of your admission into the country, like your visa category and all of the times you have entered or left the United States.
If your visa expires while you are in the United States, do not panic. Oftentimes, you do not actually need to do anything. Many people mistakenly believe that their visa expiration date is the day that they are required to leave the country. However, that is not the case.
A visa expiration date simply refers to the last day that you can use the visa to request entry into the United States. Once that day passes, the visa is no longer valid, and you cannot use it to travel to the U.S. However, if you are already in the country when the visa expires, you have already used it, so its expiration has no bearing on your ability to enter.
Instead, the date that you should concern yourself with is the one listed on your I-94 Arrival/Departure Record. In addition to containing the details of your immigration status and proof of your legal entry into the country, Form I-94 also outlines the maximum length of time you can stay in the U.S. Even if your visa expires, you are fine to remain in the country as long as your I-94 is still valid. However, once that date passes, you will be considered unlawfully present.
If your I-94 date passes and you are still in the U.S., it can have significant legal and immigration consequences, including deportation or a 3 or 10-year bar from reentering the country. If you have overstayed your visa, it is crucial that you work with a skilled immigration attorney for legal advice and representation.
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