If you travel the United States on a visa, the length of time you are permitted to stay depends on the type of visa you were issued. It’s important to understand not only the U.S. visa which you hold, but also the rules and pertinent dates involved with that particular document.
There can be serious repercussions should you overstay your visa, so if you have any questions at all, do not hesitate to contact one of the immigration attorneys at Probinsky & Cole.
U.S. Visa Provisions
There are two main types of visas issues in the United States – immigration, and non-immigration.
A non-immigration visa is appropriate when you are in the country for a specific purpose, maintain a permanent residence in your own country and are not planning to reside in the United States full-time. Non-immigration visas include those for a work assignment, attending a university, or for travel and tourism.
Immigration visas are issued to those who are planning to become United States citizens, such as spouses of current citizens. Here are some commonly issues U.S. visa types, as well as the corresponding time the visa holder is allowed to remain in the U.S.
Non-Immigration Visas:
- Visas for business purposes – 6 to 12 months (may be extended if holder reapplies)
- Visas for travel and tourism – 6 to 12 months (may be extended if holder reapplies)
- Visas for students – amount of time that they are enrolled full-time in an approved educational institution
- Visas for entertainers or athletes – amount of time it will take for their event to be completed
- Visas for diplomats and government representatives – duration of service in their official role
The above are just a few of the available categories of visas. For a complete listing of available visas and their accompanying length of stay, check the USCIS website.
Immigration Visas:
- Spouses of U.S. citizens – 2 years or less, or until their green card is approved
- Fiancees of U.S. Citizens – 90 days with no extensions. Must apply for new status once married as intended.
Important to Note
- A visa holder’s spouse and children are generally admitted on a derivative visa which includes same length of stay granted to the primary visa applicant. However, if minor children either marry or turn 21 while in the United States, they will lose their visa eligibility. At that point, it is imperative that they apply for a change in status, or depart the United States immediately.
- If your situation changes while in the United States, you cannot stay on your original visa but must reapply. For instance, if you came on a work visa but then decide to stay to attend college, your visa must reflect the new reason for your stay.
- The expiration date on the issued visa indicates the last day upon which you can use it to enter the United States, not when your stay expires. The exact date upon which you must depart the U.S. will be shown on your I-94 arrival/departure record.
- Your I-94 card was stapled to your passport when you entered the United States. If you received an approved change of status while here, the I-94 accompanied your approval notice. Remember, your I-94 indicates the last day you may be in United States legally.
- If your passport is about to expire your entry may be limited or denied – so be sure your passport has plenty of time left before expiry.
If you are approaching your visa expiration date or need to apply for a change of status, it is best to contact a local Tampa or Sarasota immigration attorney. Time is of the essence, and you will want to be sure that you follow all procedures and fill out all paperwork correctly.
If you are in danger of overstaying your visa, it is critical that you seek legal help as soon as possible. The immigration attorneys at Probinsky & Cole can help. Give us a call today.
