Validity of status in USA after expiration of visa [duplicate]

If I enter the USA before the expiration of a ten-year multiple-entry visa, can I stay after the date of expiration of the visa?

visas usa

Best Answer

A US visa is only for entry and the visa's expiration date just means the last day on which you can use the visa to enter the US. It has nothing to do with how long you can stay in the US. How long you can stay in the US during that stay is determined by your status, as given on your I-94 at entry and subject to regulations regarding your status. An expired visa doesn't mean you can't stay in the US (you can if you are in status), and conversely a valid visa doesn't mean you can stay in the US (you can't if you are out of status).

To determine how long you will be admitted for, you look at the regulations for your status. If you have a B2 visitor visa, you are usually admitted for 6 months (although it can be shorter if your passport expires sooner, or in some cases if the officer feels like you've been to the US too frequently). So for example, a visitor on B2 visitor visa can enter on the day the visa expires, and usually be admitted for 6 months, most of which will be after the visa's expiration.

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What happens if I stay after my visa expires?

If you stay in the U.S. beyond your visa expiration date, your visa automatically becomes void. You must return to your country of nationality to get a new visa; you can't apply at a consoluate that is closer to the U.S. There are exceptions to this rule in extraordinary circumstances.

Can your visa be expired and you remain in the US?

A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.

Can you adjust status if visa expires?

If you're an immediate relative of a U.S. citizen who entered legally (through a nonimmigrant visa, for example), you can adjust status to a green card holder by filing Form I-485 even if you overstayed a visa.

Can I adjust status if I overstayed my U.S. visa?

You can adjust your status even if you overstayed your visa \u2013 as long as you originally entered the U.S. with a valid visa or visa waiver.

BEING LEGAL IN THE U.S EVEN AFTER YOUR VISA EXPIRES

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