01/10/2025
To stay in the United States legally and avoid overstaying, it’s important to be mindful of your immigration status and follow the rules set by U.S. immigration authorities. Here’s how to ensure you stay legally:
1. Understand Your Visa or Status
• Duration of Stay: Look at the “admit until” date on your I-94 Arrival/Departure Record, not just your visa expiration date. The I-94 determines how long you can stay in the U.S. after entering.
• Visa Expiration vs. I-94: Your visa is a document for entry. Your I-94 determines how long you can stay. Ensure you know this distinction.
2. Track Your Authorized Stay
• Use the official U.S. Customs and Border Protection (CBP) website to check your I-94 record and stay updated on your authorized period of stay.
3. Comply With Visa Conditions
• Follow the rules of your visa type. For example:
• Tourist Visa (B-2): Do not work or study while on a tourist visa.
• Student Visa (F-1): Maintain enrollment in a full-time program and follow any work restrictions.
4. Extend Your Stay if Necessary
• File Form I-539 (Application to Extend/Change Nonimmigrant Status) with U.S. Citizenship and Immigration Services (USCIS) before your I-94 expires.
• Provide a valid reason for your extension, like medical treatment or unavoidable travel issues.
5. Change Your Status if Applicable
• If your circumstances change, you may apply to change your status while in the U.S. (e.g., from a TPS or Tourist Visa to a student visa). Submit the application before your duration of stay under I-94 expires.
6. Depart on Time
• Leave the U.S. on or before the “admit until” date listed on your I-94 to avoid unlawful presence. Overstaying can result in penalties, including:
• Barred reentry for 3-10 years (depending on the overstay duration).
• Difficulty obtaining future visas.
7. Special Cases (e.g., Emergencies)
• If you’re unable to leave due to unforeseen emergencies (like illness or travel restrictions), contact USCIS for guidance immediately.
8. Keep Proof of Legal Stay
• Retain all documents proving you complied with U.S. immigration rules, such as:
• Copies of your I-94, visa, and passport stamps.
• USCIS approvals or extensions.
9. Seek Professional Help When Needed
• If you’re unsure about your status or options, consult an immigration attorney or an accredited specialist for advice.