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Length of Stay is Determined by Your I-94 Arrival-Departure Record -- NOT Your Visa

As a nonimmigrant, your permission to remain in the United States is determined by your I-94 Arrival-Departure Record, which may have a shorter validity than your visa. 

A visa is a permit to apply to enter the United States. It issued by the U.S. State Department and usually obtained at an American consulate outside the United States. It classifies the visit as business, tourism, etc. and is usually valid for multiple visits to the United States during a specified period of time.

Once you receive a visa, you are authorized to travel to the United States. However, a visa does not guarantee that you will be allowed to enter the United States. The U.S. Citizenship and Immigration Services (USCIS), a separate government agency, has authority to grant or deny your admission to the United States. In addition, the USCIS -- not the term of your visa -- will determine how long you may stay in the United States.

When you enter the country as a nonimmigrant, a U.S. immigration inspector examines your passport and visa and then gives you a small white card, USCIS Form I-94 (Arrival/Departure Record). This record -- not your visa -- should tell you (in the lower right-hand corner) when you must leave the United States. On this card, the USCIS inspector writes either a date or "D/S" (duration of status). If you have "duration of status" you may remain in the U.S. as long as you are in the same job (or school) or same category of job.

If you want to stay longer than the date authorized by your USCIS Form I-94, you must apply for an extension with the U.S. Citizenship and Immigration Services. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States in the future. The decision to grant or deny a request for extension of stay is made solely by the USCIS. In some cases, you may not be eligible to apply for an extension. Also, the USCIS generally will not extend your stay longer than the validity of your visa. For more information, including what you should file if your stay has expired due to extraordinary circumstances beyond your control, see Extending My Stay in the U.S.

HELP!

  • If you are in the U.S. and have a question about your length of stay, you may contact your nearest USCIS District Office or Sub Office or call the national USCIS toll-free information service at 1-800-375-5283. Be aware that if you have broken immigration laws, you may be subject to removal (deportation) from the U.S.

  • If you are in the U.S. and have visa questions, contact the State Department's Visa Office at 202-663-1225. You may also email a general inquiry to usvisa@state.gov. Be sure to indicate the general subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, etc.), and do not expect an immediate reply. You may also write to:

    U.S. Department of State
    Visa Services
    Washington, DC 20520-0113

  • If you are outside the U.S. and have questions about visas or length of stay, contact the nearest U.S. Consulate


The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.


 
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