Many individuals have difficulty understanding the difference between the visa expiration date and the length of time you have permission to remain in the United States.  These are very different terms.

A United States visa gives a foreign citizen permission to apply for entry into the United States.  It does not authorize entry.  A visa indicates that your application has been reviewed by a consular officer who has determined that you are eligible to travel to a United States port-of-entry for a specific purpose.  It does not guarantee entry into the United States.  At the port-of-entry, a United States immigration officer decides whether to allow you to enter the country and how long you will be permitted to remain.  Only the United States immigration officer has the authority to permit you to enter the country.

The visa expiration date shown on the visa along with the visa issuance date, is the length of time you are permitted to travel to a port-of-entry in the United States.  Depending on your nationality, visas can be issued from a single entry to multiple/unlimited entries.  It is important to note that there are circumstances which can serve to void or cancel the period of visa validity.  If you overstay the end date of your authorized stay your visa will automatically void or cancel unless you have filed an application in a timely manner for an extension of stay or a change of status; and that application is pending and is not frivolous;

Visa Renewal

Renewing your visa can be a complicated and often lengthy process. You should be able to renew your visa if:  1) you have a valid passport that will cover the length of your stay; 2) you entered the country legally; 3) your non-immigrant visa is still valid; and 4) there are no criminal charges against you.  The immigration officer has the ultimate authority to grant or deny your renewal application.  Having an experienced visa renewal lawyer on your side can go a long way toward ensuring that your visa is as likely to receive an extension as possible.  It is important to consult a legal professional who can help you follow the proper procedure of renewal.

Extension of Stay
Extending a visa can be long and confusing.  If you came to the United States on a non-immigrant visa and you want to extend your stay, you must apply before your authorized stay expires.  If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed from the United States.  You may apply to extend your stay if:  1) you were lawfully admitted into the United States with a non-immigrant visa; 2) your visa status remains valid; 3) there are no criminal charges against you; 4) you have not violated the conditions of your admission; and 5) your passport is valid and will remain valid for the duration of your stay.  Some visas or admissions, however, cannot be extended, including but not limited to, Visa Waiver Program, crew member, in transit without a visa, and fiancé/fiancée visas.

Change of Status
If you want to change the purpose of your visit while in the United States, a request must be made before your authorized stay expires.  For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different non-immigrant category.  Until you receive approval of your status change, do not assume the change has been approved, and do not change your activity in the United States.  If you fail to maintain your non-immigrant status, you may be barred from returning to and/or removed from the United States.

Generally, you may apply to change your non-immigrant status if:  1) you were lawfully admitted to the United States with a non-immigrant visa, 2) your non-immigrant status remains valid, 3) you have not violated the conditions of your status, and 4) you have not committed any crimes that would make you ineligible.   You may not, however, apply to change your non-immigrant status if you were admitted to the United States under certain categories, including but not limited to, Visa Waiver Program, crew member, in transit without a visa, and fiancé/fiancée visas.  There are other circumstances that do not allow for a change of status.  It is important to seek an experienced immigration attorney to assist with the process as it can be difficult and render you without status if incorrectly or untimely made.

Out-of-Status
Staying beyond the period of time authorized, and being out-of-status in the United States is a violation of the United States immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States.  If you overstay the end date of your authorized stay, your visa will generally be automatically voided or cancelled. You should carefully consider the dates of your authorized stay and make sure you are following the procedures.  Failure to do so will cause you to be out-of-status.

Our experienced legal team is well prepared to assist you in expeditiously renewing, extending, or changing your visa in the United States.

To schedule a confidential consultation, please contact us at (305) 373-5385 or via e-mail.  We are available for in-person, telephone, or video consultations.