US Clarifies Visitor Stay Not Based on Visa Expiry

• Written by Gungun Bhatia

  Reviewed by Rashmi Rai

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International travellers planning to visit the United States often think that the expiration date on their visa sets the time limit for their stay. However, the US Embassy has provided a new clarification to correct this common misconception.

What Determines Length of Stay in the US?

The US Embassy in India has reminded travellers that the length of stay in the United States is determined at the port of entry by a US Customs and Border Protection (CBP) officer, not by the visa’s expiration date printed in the passport.

In an advisory posted on the social media platform X, the embassy explained that the official who greets a traveller at the airport, seaport, or land border stamps an I-94 Arrival/Departure Record. This record includes an “Admit Until Date.” This date reflects the actual authorised period of stay for that specific visit.

Role of the I-94 ‘Admit Until Date’ 

When visitors arrive in the United States, they usually receive an I-94 Arrival/Departure Record. This document contains an ‘Admit Until Date’. This date, noted by the immigration officer, marks the official end of your authorised stay.

Travellers can also check their I-94 status online at the CBP website to find out how long they can stay in the country.

Understanding the Difference

According to the US Department of State, a visa’s expiration date only indicates the last date you can try to enter the US. It does not allow you to stay until that date. Immigration officials make that decision at the port of entry, and it is recorded in the I-94 record.

For example, visitors holding B-1/B-2 tourist visas usually get an I-94 that permits them to stay for up to six months, even if their visa is valid for a longer period.

>> Read More: U.S. Increases Fee to $100,000 on New H-1B Visa Petitions

Why this Clarification Matters?

The embassy’s clarification addresses common misunderstandings among international travellers. Many people think that a visa's expiration date is the last day they can stay in the US. This is not true. Only the CBP officer’s decision at entry determines the allowed stay.

Officials also recommended that travellers check their I-94 status. This can be done online through the official CBP portal. Overstaying the I-94 date, even with a valid visa, can result in visa cancellation, deportation, and difficulties in obtaining future visas.