Can I Stay in the U.S. if My Visa Is Expired?

You may have been enjoying your temporary stay in the great state of Wisconsin so much that you want to extend it for much longer, or possibly even indefinitely. However, you must keep a watchful eye on your visa expiration date and other deadlines imposed on you upon your arrival. When checking your visa at this time, your heart may sink with the realization it has expired during your visit. But before you panic or react hastily, you must carefully consider your feasible and legally acceptable options. With that being said, please continue reading to learn whether you can legally stay in the U.S. if your nonimmigrant visa has expired and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you avoid any trouble with the United States Citizenship and Immigration Services (USCIS) and/or the United States Immigration and Customs Enforcement (ICE).

Can I stay in the U.S. if my nonimmigrant visa is expired?

You must understand that your visa expiration date may mean something different than your acceptable duration of stay in the United States. That is, your expiration date may appear alongside your issuance date on your physical visa; the time in between is called your visa validity, which is the length of time you are permitted to travel to a port of entry in the U.S. With that being said, your visa expiration date does not necessarily reflect how long you are authorized to stay in the U.S. Rather, it indicates until when you are allowed to travel to a U.S. port of entry.

Therefore, a Customs and Border Protection (CBP) officer may dictate your authorized duration of stay at the port of entry. They may do so by stapling an I-94 record on your passport. Whatever date appears on your I-94 record is the date you must arrange your exit from the country. Otherwise, with an invalid I-94 record, you may technically have an invalid immigration status. This eventually leads to trouble with ICE officials.

How can I legally extend my authorized stay in the U.S.?

As the date disclosed on your I-94 record rapidly approaches, you may want to weigh your options for legally extending your authorized stay in the United States. Importantly, you must apply to extend your stay at least 45 days in advance of this scheduled expiration date. The different applications you may choose from entail Form I-129, Petition for a Nonimmigrant Worker, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, etc.

Of note, if you accidentally overstay your welcome in the U.S., we strongly encourage you to file Form I-601, Application for Waiver of Grounds of Inadmissibility. This is so you may avoid removal and long-term or permanent bars from reentering the country, among other serious legal consequences.

There is no need to remain hesitant when you have a skilled removal & deportation defense lawyer in Milwaukee, WI on your side and supporting you. So please inquire with us at Sesini Law Group, S.C. at your earliest possible opportunity.

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