Visa Stamp vs. Status: What to Do If Your Visa Expires While You're Legally in the U.S.

1. Visa Stamp vs. Immigration Status — What’s the Difference.

• The easiest way to understand this is by thinking about the difference, between a key and permission. Think of it like a key and permission. The key and permission idea is a way to look at this.

• The Visa Stamp is like a ticket. This is the sticker that the United States Embassy puts in your passport. The Visa Stamp has one job. That is to let you go to the United States border and ask if you can come in. The Visa Stamp is like a key that opens the door to the United States. When you are already inside the United States the Visa Stamp does not matter anymore. The Visa Stamp is not important once you are, in the country.

• Immigration Status (The Permission): This is your legal right to stay inside the house. It is granted by a CBP officer at the border or by USCIS. Your status is governed by your Form I-94 (Arrival/Departure Record), not the sticker in your passport

Officer reviews visa status at a U.S. immigration office, highlighting the difference between visa expiration and legal status.

2. Your Visa Expired, But Your Status Is Still Valid

If you are currently in the U.S. and your visa stamp expires, you do not need to do anything immediately. As long as your I-94 record is still valid (or says "D/S" for students), you are legally present. You can continue to work, study, and live in the U.S. until the "Admit Until" date on your I-94 passes. The expiration of the visa stamp does not "cancel" your status.

3. If Your Status Is About to Expire The date, on your I-94 record is getting close so you need to do something about it. You usually have two options to consider:

• You need to file for an extension, which's the Form I-539 or the Form I-129. This has to be done before your I-94 document expires.

• When you file for the extension you will usually be in a period of authorized stay while the United States Citizenship and Immigration Services is reviewing your application.

• This is true even if the date, on your I-94 document has passed.

• Depart the U.S.: You must leave the country on or before the date listed on your I-94 to avoid accruing "unlawful presence."

4. If Your Status Has Already Expired

• If the date on your I-94 has passed and you have not filed for an extension then you are out of status, with your I-94. This means that your I-94 is no longer valid. When your I-94 date has passed you need to take action so that you do not become out of status with your I-94.

• The 180-Day Rule: Accruing more than 180 days of unlawful presence can trigger a 3-year bar from re-entering the U.S.

• The 1-Year Rule: Accruing 365 days or more can trigger a 10-year bar.

• Automatic Cancellation: The moment you overstay your I-94, your current visa stamp (even if it had years left on it) is usually considered void under Section 222(g) of the Immigration and Nationality Act.

5. Planning to Travel?

The expired visa stamp is an issue right here. It becomes a problem, for the visa. The visa is what causes the trouble when it has a stamp.

• Leaving the United States is easy to do. Coming back to the United States is hard to do. If you leave the United States with a visa stamp you cannot come back to the United States using that visa stamp. This is true even if your I-94 was still valid when you left the United States. The United States will not let you use a visa stamp to come back, to the United States.

• The Exception is that you have to go to a United States Embassy or Consulate in another country to get a new visa stamp before you can come back to the United States. You need a new visa stamp, from the United States Embassy or Consulate abroad.

• Automatic Revalidation: There is a narrow exception for short trips (under 30 days) to Canada or Mexico (and some Caribbean islands for F/J holders) where you may be able to return with an expired visa, provided you have a valid I-94.

Pro Tips

• You should check your I-94 form often. Every time you enter the United States you need to log into the website to make sure the officer gave you the date, on your I-94 form.

• Passport validity is something you should think about. The date on your I-94 form is usually the same as the expiration date of your passport. If you get a passport it does not mean your status, in the country is extended. You may still have to leave the country and come back in. You may have to file for an extension to stay longer. Your I-94 date and passport expiration date are connected, so getting a new passport does not automatically change your I-94 date.

• Keep Records: Always save a PDF of every I-94 you receive.

GOOD LUCK.