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Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

  • You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94.

    • Failure to depart the U.S. will cause you to be out-of-status and therefore deportable.

    Being out of status is a violation of US federal Immigration law and may cause you to be deported or at minimum be ineligible for a visa in the future for return travel to the United States.

  • Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided. According to the Immigration and Nationality Act Section 222(g), if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

  • NOTE:For non-immigrants in the U.S. who have an I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (For example: you are not working for the same employer or attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

It is IMPERATIVE that you DO NOT stay in the US out of status. Make sure to read our pages on change of status and extension of visa status to see if you qualify.

 

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The information provided on this site is intended to teach individuals and corporations their rights and protect them from fraud. It is not a substitute for professional advice from an experienced immigration attorney and should not be taken as legal advice. Please consult a lawyer for advice regarding your specific situation. Our FRAUD ALERT section contains important information to be aware of before seeking assistance.

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