What's more, your overstay time in the U. Various exceptions to these rules exist, as well as waivers of the bars on returning to the United States. But the exceptions are very limited and waivers difficult to obtain, so if you have already overstayed a visa, see an immigration attorney for a full analysis and for assistance with your future applications for a visa or green card.
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The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 I Date vs. Visa Expiration Date. For example, Chinese nationals are generally granted visas for only one entry.
Each time they enter the U. Foreign nationals should be careful not to overstay their period of authorized stay expiration date on I card. Overstaying their authorized period of stay can result in cancellation of the visa and may subject the foreign national to a three or ten year bar from re-entering the U. Foreign nationals should also be careful to use a visa only for the purpose for which the visa was granted.
For example, a visitor visa is issued only for purposes of business visit or personal visit. Foreign nationals cannot engage in productive work or other employment activities under a visitor visa.
Violating the terms of the visa by engaging in unauthorized activities after entry into the U. If admitted into the U. Greenberg Traurig recommends that foreign nationals make photocopies of their I card. This means that the individual must travel to the US within 12 months of being issued the visa.
After entering the US he or she will be able to stay till the end date on the approval notice. He or she would only need to depart the US on or before the date specified in his or her I form. It indicates how long the nonimmigrant may stay in the US during that visit.
It is the I expiration date — and not the expiration date of the US visa — that controls how long a nonimmigrant may legally remain in the US. If the CBP officer is satisfied that you qualify for the nonimmigrant classification you are seeking, and that you will abide by the US immigration rules, he or she will admit you into the US.
The CBP officer will stamp your passport with the admission date, the class of admission, and the date that you are admitted until. The procedure for securing the I card will vary depending on whether you are arriving at an air, sea or land border port of entry. It is this record — not your visa — that tells you when you must leave the United States. This document is created by US Immigration when the foreign national is inspected upon arrival at a US port of entry.
The I form indicates the date of arrival, status granted i. The I is an official record of admission and permission to remain in the US. A US visa allows the foreign national to seek entry to the United States in a certain visa status within the time period validity period specified on the visa. A visa may allow one, two, or multiple entries before the expiration date of the visa. It is extremely important that you clearly understand the difference between a visa and the I The major differences between visa and I are as follows:.
The I record indicates how long a foreign national can stay in the US for that particular trip. It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. On the admission stamp or paper Form I, the U. If your admission stamp or paper Form I contains a specific date, then that is the date by which you must leave the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.
Carefully review information about international visitor admission on the CBP Website. If you came to the United States on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your admission stamp or paper Form I, expires. It is recommended you apply well in advance of your expiration date.
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. Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services USCIS , your visa will generally be automatically be voided or cancelled, as explained above.
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