Can we stay in the U.S. after the I-94 expiry?

The Ticking Clock: Understanding I-94 Expiration and the Dangers of Overstaying in the U.S.

Your I-94 arrival/departure record isn’t just a slip of paper; it’s your permission slip to be in the United States. This document, whether electronic or paper, dictates the specific period you’re legally authorized to remain in the country. Ignoring its expiration date and overstaying, even by a single day, can trigger a cascade of negative consequences that can severely impact your future travel and immigration options.

The misconception that a few days or weeks won’t matter is a dangerous one. The moment your I-94 expires, your status shifts from legal visitor to unlawful presence. This transition carries significant weight under U.S. immigration law and can trigger a range of penalties, even if you weren’t aware of the overstay.

The Consequences of Overstaying:

• Accrual of Unlawful Presence: Every day beyond your I-94 expiry date adds to your “unlawful presence” tally. This accumulation can lead to automatic bars on re-entry to the U.S. A relatively short overstay can result in a three-year ban, while an overstay exceeding 180 days but less than a year can trigger a ten-year ban. Overstaying for a year or more can lead to a permanent bar.
• Jeopardizing Future Visa Applications: Overstaying makes any future attempts to obtain a U.S. visa extremely difficult. Consular officers will scrutinize your immigration history and the overstay will likely be a major red flag, raising doubts about your intention to abide by U.S. laws.
• Complications with Adjustments of Status: If you’re hoping to adjust your status to a green card holder while in the U.S., an overstay will create a significant obstacle. Even if you’re eligible for a green card through marriage or employment, the previous overstay can make the process significantly more complex and potentially lead to denial.
• Removal Proceedings: In certain situations, overstaying can make you subject to removal proceedings (deportation). While not all overstays result in immediate removal, the possibility looms and depends on individual circumstances.

What to Do if Your I-94 is About to Expire:

Don’t wait until the last minute. If you anticipate needing to stay longer than your I-94 permits, explore your options before it expires. These options may include:

• Applying for an Extension of Stay or Change of Status: Depending on your visa category, you might be eligible to apply for an extension of stay or a change to a different visa status. It’s crucial to file the appropriate application with U.S. Citizenship and Immigration Services (USCIS) before your current I-94 expires.
• Departing the U.S. Before Your I-94 Expires: The simplest and most straightforward way to avoid the consequences of an overstay is to depart the U.S. before your authorized stay period ends.

Seeking Professional Guidance:

Navigating U.S. immigration law can be complex. If you’re unsure about your I-94 status or have questions about extending your stay, consult with a qualified immigration attorney. They can provide tailored advice based on your individual circumstances and help you explore your legal options.

Overstaying your I-94 is a serious matter with long-lasting consequences. Understanding the importance of adhering to its expiration date and taking proactive steps to maintain legal status is crucial for protecting your future travel and immigration prospects.