Does an I-94 have an expiration date?

Decoding Your I-94: Understanding Expiration and Your Stay in the U.S.

The I-94, officially known as the Arrival/Departure Record, is a critical document for nonimmigrant visitors to the United States. It serves as proof of legal entry and dictates the permitted duration of your stay. But does every I-94 have an expiration date? The answer is nuanced and depends on the type of visa you hold.

While all I-94s technically track your entry and exit, not all display a hard expiration date in the same way. For some individuals, particularly those entering on visa waiver programs like the ESTA, the I-94 is electronically generated and the “admitted until” date is generally determined by the program rules (typically 90 days). In these cases, the I-94 record itself might not explicitly show a date but the authorized stay is still limited.

However, certain nonimmigrant visas, such as H-1B, F-1, or L-1, often result in an I-94 with a clearly marked expiration date. This date corresponds to the authorized period of stay granted based on the specific visa’s terms and conditions. This is the date you must pay close attention to. Remaining in the U.S. beyond this date without taking appropriate action puts you in violation of immigration law, with potential consequences ranging from difficulties with future visa applications to removal proceedings.

What to do if your I-94 is expiring:

If your I-94 has a specific expiration date and you are nearing that date, you have three primary options:

• Depart the United States: Ensure you leave the country before the expiration date on your I-94.
• Apply for an extension of stay: If eligible, you can file for an extension of stay with U.S. Citizenship and Immigration Services (USCIS) before your I-94 expires. Each visa category has specific requirements and procedures for extensions. Failing to apply before the expiration date can complicate the process and lead to an unlawful presence status.
• Adjust your status: In certain circumstances, you may be eligible to apply for a change of status to a different nonimmigrant category or even apply for a Green Card (permanent residency). Like extensions, this process must typically be initiated before your I-94 expires.

Key Takeaways:

• While not all I-94s explicitly display an expiration date, all nonimmigrant visitors have a limited authorized period of stay.
• For I-94s with a specified expiration date, adhering to that date is crucial for maintaining legal status.
• Planning ahead and understanding your options regarding departure, extension, or adjustment of status is essential to avoid immigration complications.

It’s important to consult with an immigration attorney if you have any questions or concerns regarding your I-94 and maintaining legal status in the United States. This information is for general guidance only and does not constitute legal advice.