VisasFeb 1, 2025

What happens if my US visa expires while I am still in the country?

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AI-Assisted Answer

If your visa expires while you are in the United States, it does not necessarily mean you are out of status. What matters is your I-94 authorized period of stay, not the visa expiration date. The visa is only needed to enter the US; once inside, the I-94 controls how long you may remain. You can legally stay until your I-94 expires even if your visa has long since lapsed.

However, once your I-94 expires, remaining in the US without filing a timely extension or change of status application makes you unlawfully present. Accruing more than 180 days of unlawful presence after your I-94 expiry and then departing triggers a three-year bar from re-entering the US. Accruing more than one year triggers a ten-year bar.

If you wish to extend your stay, file the appropriate application with USCIS before your I-94 expires. A timely filed extension generally preserves your lawful status while the application is pending. You should also avoid traveling outside the US on an expired visa, as you would need a valid visa to re-enter unless you qualify for the Visa Waiver Program.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.

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Disclaimer: This information is for general educational purposes and is not professional tax advice. Tax situations vary. Consult a qualified immigration lawyer or migration agent for advice specific to your circumstances.