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How To Stay Beyond Your Visa Expiry

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Many people who visit the United States on a non-immigrant visa wish to extend their stay beyond the period of time for which they have been authorized. However, staying beyond your visa limits without prior approval can have serious consequences and may even prevent you from receiving authorization to reenter the U.S. at a later date.

Persons holding a non-immigrant visa who wish to extend their visit should file an Application to Extend/Change Nonimmigrant Status (Form I-539) with the U.S. Customs and Immigration Services (USCIS) at least 45 days before the date their visa is set to expire.

Eligibility to Extend Nonimmigrant Visa

Only certain people are eligible to apply for an extension to a non-immigrant visa, including those who:

  • Entered the U.S. lawfully with a nonimmigrant visa
  • Hold current valid nonimmigrant visa status
  • Committed no crimes to become ineligible for a visa
  • Have not violated visa admission conditions
  • Hold a valid passport that will not expire during the proposed extension period

If you wish to extend your stay but do not qualify for extension based on the above criteria, you may wish to speak with a U.S. CIS agent to explore your options.

Overstaying Your Visa

If you overstay the date on your Arrival-Departure record, your visa status will expire and you will be classified as out-of-status. As a result, you may be ineligible to reapply for a visa in the future and therefore you may not be allowed to return to the United States. If you wish to stay in the country longer than your visa allows, it is important to plan accordingly and follow all immigration laws to prevent penalties or deportation.

 

Guest Post Author

James Witherspoon
Austin immigration attorneys

Green Card Renewal Process

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A permanent resident card is normally valid for ten years. On its expiry, you have to go through the Green Card renewal process by filing Form I-90, Application to Replace Permanent Resident Card with the USCIS. Though those renewing expired GreenCards will not be penalized, make sure you renew your card at the earliest without waiting for the card to expire. Form I-90 is also used when you want to change any biographic information on your GreenCard ( if your name has changed because of marriage, divorece, etc.) and also when you lose your card and need a replacement. You will also not lose your permanent resident status if you do not renew/replace your Green Card. Permanent resident status does not expire.

Though permanent resident status does not expire, per immigration laws, you should carry evidence of your status (a valid, unexpired Green Card or temporary passport stamp). If you do not renew your card, you might experience difficulties in getting employment, benefits and re-entry into the United States from abroad. Apply for your new GreenCard before you travel abroad and have with you on any trip the temporary documentation you received. If you try to re-enter the US with an expired Green Card, you might experience a delay during the inspection process at the port of entry,

Additionally, your employers will not accept an expired GreenCard while verifying employment authorization for new hires. You can use other documents that you will find on Form I-9 (Employment eligibility verification form) such as social security card and driver’s license or carry temporary evidence of status, such as an I-551 stamp or even the receipt notice that you received for your I-90, Application to Replace Permanent Resident Card.

A permanent resident is different from a conditional permanent resident. A conditional resident will be issued a card that is valid for two years only. A conditional card cannot be renewed and such card holders have to remove the conditions during the 90 day period before the card expires. You will lose your status if the conditions are not removed. You should file Form I-751 to remove the conditions. Once the application is approved and conditions removed, you will get a permanent resident card that will be valid for the next ten years.

After you send the completed application to the USCIS, you can expect an Application Receipt Notice with a 13-character Application Receipt number in it within 30 days of having filed the application. This notice acts as a proof that USCIS received your Green Card renewal application and that it is being processed. You can also check the status of your application with this receipt number. Subsequently, you also will be intimated about the dates for fingerprinting and your interview date with detailed instructions related to the supporting documents you need to carry.

The entire Green Card renewal process takes three months on an average.