Tag Archives: visa expiry

How To Stay Beyond Your Visa Expiry

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

Deportation of a Foreigner or Immigrant from the US

(also see recent H1B Deportation news)

When a foreign national chooses to visit or stay in the United States on visa status or as a permanent resident, he or she must abide by certain laws and regulations in order to remain in the country legally. If an individual who is not a U.S. citizen fails to abide by these terms, he or she may be ordered to leave the country.

The process of requiring an individual to physically leave the country is known as deportation. If you are visiting the U.S. temporarily or living in the country as a permanent resident, it is important to know the laws that regulate deportation.

Visa Requirements

A person who is visiting the U.S. on visa status must adhere to certain rules and restrictions to avoid nullifying the visa. Some of the key requirements to consider include:

  • There are specific visas for different groups of applicants, and a person must keep the same status during their stay in the U.S. in order for the visa to remain valid. For example, a foreign national visiting on a student visa must remain in school to remain in the country legally under his or her visa.
  • If the expiration date is approaching for a visa, the applicant must re-apply to remain in the United States.
  • An individual may not legally remain in the U.S. if his or her visa has expired.
  • A foreign national may be required to return to his or her home country in order to re-new a visa and legally re-enter the U.S.

A violation of any of these terms can be grounds for deportation by the U.S. government.

Criminal Grounds for Deportation

Any non-citizen staying the country may be deported if he or she commits a qualifying crime. This applies to visa holders and permanent residents alike. The criminal offenses that may lead to deportation include the following:

  • Crimes against a person (murder, manslaughter, rape, kidnapping)
  • Domestic violence crimes
  • Sexual offenses
  • Crimes against the government (counterfeiting, mail fraud, bribery, tax evasion, perjury)
  • Fraud crimes
  • Drug crimes
  • Firearms offenses

If you have committed any of the above crimes, your legal permit to remain in the U.S. may be nullified and you may be forced to leave the country. The laws and regulations for visas and permanent residency can sometimes be confusing, and it can be easy for a person to accidentally disqualify himself or herself and risk deportation. If you have questions regarding the rules of your visa, permanent residency, or renewing or changing your legal status in the U.S., consider consulting with an experienced immigration lawyer as soon as possible.

Guest Post Author
Garg & Associates, P.A.
Orange County immigration