What to Do if Your Visa Is Expiring

If you’re visiting the U.S. for an extended period of time, whether you’re attending school or performing seasonal work, you’ll need a visa to get into the country. Thankfully, you can apply for dozens of categories of visas for a variety of different purposes.

Visas are, by nature, temporary. Regardless of the type of visa you may have, it comes with an expiration date. But the expiration date isn’t necessarily the same as the date you have to leave the country.

If your visa’s expiration date is approaching and you’d like to stay in America, there are a few things you should know.

Expiration Date vs. Length of Stay

When you receive a visa, you are eligible to request entry into the U.S. for the purpose stated on your application (study, work, diplomacy, tourism, immigration, etc.). A Customs and Border Protection (CBP) officer at your port of entry will review your documents and determine whether you can legally enter the country.

Your visa is a key consideration in this decision. It will list a start date that determines when you may enter, as well as an expiration date marking the conclusion of your visit. This date marks the point at which you are no longer eligible to enter or remain in the U.S., but it is not the same as the permitted length of stay in the country.

The length of time you are allowed to remain in the U.S. is indicated by your status, which is printed on the admission form you receive from the CBP officer when you enter the country. A stamp on the document shows your duration of status (D/S), or the date until which you may legally remain within U.S. territory.

If you have a visa that allows multiple entries, you may leave the country and return, as long as your visa has not yet expired. Once it does, you may stay in the country until your D/S ends, but you cannot leave and return without first obtaining a new visa.

While you can remain in the country for a short time after your expiration date, it’s best to renew your visa in a timely fashion if you plan to travel outside the country and think you want to return, or if you wish to remain past your original D/S date.

What Happens If You Overstay Your Visa

It’s not unusual for a visa to expire while the holder is still in the U.S. Don’t worry if this happens to you, as long as you don’t exceed your D/S date. Once your D/S date has passed, you will be considered “out-of-status.”

If you still have a valid visa, it will be declared void, which could hurt your chances of obtaining additional permits in the future. The only exception is if you’ve already filed for an extension and the application is valid and pending.

The best course of action is to file to renew your visa while you’re still in the country, before your D/S end date. In some cases, you can apply for renewal without leaving the U.S. You might also apply for a change in status if you want to switch from a nonimmigrant to an immigrant visa.

Renewing or exchanging a visa can be a complex process. It’s therefore wise to make sure that you’re completing each step correctly.

Apply for an Extension of Stay

It’s not unusual to find yourself wondering what to do if your visa expires, considering how many different types of visas there are and the many different sets of regulations which apply to them.

To make things simple, you’ll need to apply for an extension if you want to stay beyond the duration of status listed on your entry forms. You may be able to file through the U.S. embassy or consulate in your country, or you might have to work with U.S. Citizenship and Immigration Services (USCIS).

Get Assistance From a Qualified Visa Immigration Lawyer

Renewing your visa can seem daunting, especially if you’re unfamiliar with the ins and outs of the U.S. legal system. It’s essential to do everything by the book to avoid jeopardizing your status or eligibility for future visas, particularly if you’re on a path to citizenship.

One of the expert immigration lawyers at Bair Wilson Sharma can guide you through the application process and ensure that you remain in compliance with all applicable laws. Get in touch today at 678-906-4096 to consult with an experienced immigration attorney in Georgia and keep yourself in good standing.