An expired visa while you are inside the United States is usually not, by itself, a problem. This surprises many people, because the visa stamp looks like permission to be in the country. It is not. A visa is a travel document that lets you arrive at a port of entry and ask to be admitted. How long you may stay is a separate question.
Visa versus status versus I-94
- Visa: the stamp in your passport, issued by the State Department. It controls travel to the border.
- Status: your legal category once admitted, such as B-2, F-1 or Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary.
- I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary: the electronic admission record created by Customs and Border Protection, which shows your class of admission and the date your authorized stay ends.
The State Department makes this point on its page about visa expiration dates: the visa’s expiration does not determine how long you can stay. Our foundational guide to visa, status and I-94 explains each term.
How to check your real deadline
Look up your most recent I-94 on the official CBP I-94 site. It shows either a specific “admit until” date or “Duration of status (D/S)The period of stay for F, J and I nonimmigrants, who are admitted for as long as they maintain their program or activity rather than until a fixed date. It appears as D/S on Form I-94.See it in the glossary,” meaning duration of status. D/S applies mainly to F and J students and exchange visitors, who remain in status as long as they follow their program rules. A federal court has kept duration of status in place for now, as explained in our student status article.
If USCIS approved an extension or Change of statusMoving from one nonimmigrant category to another without leaving the United States, such as from B-2 visitor to F-1 student. It is requested from USCIS, usually on Form I-539 or Form I-129 depending on the category, and USCIS decides in its discretion. The request generally must be filed before the current authorized stay expires, and some categories, such as K-1, cannot change status. It is different from adjustment of status, which leads to permanent residence.See it in the glossary, the approval notice usually includes a new I-94 that controls instead.
Common situations
H-1B or L-1 worker with an expired visa stamp
If the petition and I-94 are valid, the worker can keep working in the United States. The expired visa matters only for international travel, since a new stamp is needed to return.
Student with an expired F-1 visa
A student admitted for duration of status who stays enrolled and follows the rules remains in status. Traveling abroad would require a new F-1 visa to re-enter, unless a narrow exception, such as automatic visa revalidation for certain short trips to Canada or Mexico, applies.
Visitor with an expired visa
A visitor’s stay is limited by the I-94 date, which is often six months from entry for B-2 visitors. The visa expiring earlier does not shorten that stay.
When problems start
Problems begin when the I-94 date passes, or when a person stops maintaining status, not when the visa expires. Staying past the I-94 date without a timely filed extension creates an overstay. Consequences include:
- Unlawful presenceTime spent in the United States without admission or after an authorized stay has ended, which can count toward a reentry bar. Under INA 212(a)(9)(B), more than 180 days but less than a year, followed by departure, can lead to a 3-year bar, and one year or more can lead to a 10-year bar, if the person seeks admission again within that period. Some periods, such as time spent under age 18, do not count.See it in the glossary, which after more than 180 days followed by departure triggers a three-year bar, and after a year or more triggers a ten-year bar.
- Automatic visa voiding under section 222(g) of the INA, which generally requires the person to apply for future visas in their home country.
- Loss of eligibility to extend or change status in the United States.
Extending your stay
Many nonimmigrants can ask USCIS to extend their stay before the I-94 date passes, usually on Form I-539 for visitors and dependents, or through a new employer petition for workers. A timely filed, non-frivolous extension request generally allows the person to remain while it is pending, though work authorization rules vary. ESTA travelers generally cannot extend. See tourist visit versus moving.
Renewing the visa itself
Most people renew a visa only when they need to travel. Visa renewal generally happens at a U.S. embassy or consulate abroad, and some applicants may qualify for an interview waiver depending on current State Department rules. Plan for appointment wait times, which vary widely by country.
A quick checklist
- Check your I-94 after every entry and save a copy.
- Calendar the I-94 end date, not the visa date.
- File any extension before the I-94 date passes.
- Before travel, confirm you have a valid visa to return.
- Keep status-related documents current: I-20, approval notices, EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary.
For how status can be lost in other ways, see our Visa Library’s change of status guide.
Special cases
Pending extension and a later trip
Leaving the United States while an extension or change of status is pending generally abandons that request. See traveling while a case is pending.
Dependents
Each family member’s I-94 matters separately. A child’s or spouse’s stay may end on a different date than the principal’s, especially after separate entries.
Green card applicants
A pending I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary generally creates a period of authorized stay, even if the underlying visa and I-94 expire, as long as the application remains pending. Status for work and travel depends on separate documents. See working while a green card is pending.
Common misunderstandings
- “My visa is valid for ten years, so I can stay ten years.” No. The visa allows travel for that period; each stay is limited by the I-94.
- “My visa expired, so I am out of status.” Not necessarily. Status depends on the I-94 and compliance with the category’s rules.
- “I can renew my visa inside the United States.” Generally no. Visa stamps are issued by the State Department abroad, although USCIS can extend status inside the country.
Common questions
Can I stay in the U.S. with an expired passport?
Nonimmigrants are generally expected to keep a valid passport. Renew it through your country’s embassy or consulate. An expired passport does not by itself end status, but it causes problems for travel, extensions and some filings.
Does an expired visa affect my green card application?
No. Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary depends on lawful admission and, for many categories, maintained status, not on an unexpired visa stamp.
My I-94 shows a date earlier than my visa. Which counts?
The I-94 date controls how long you may stay. If you believe it is wrong, CBP has procedures to request a correction.
What if I filed an extension but it was denied?
If the extension is denied, you generally must leave promptly. Unlawful presence rules depend on timing and the filing, so get advice quickly.