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Admission to United States, the Duration of Stay, and Extension of Stay |
01/01/2012
1. Admission to the U.S. and your Duration of Stay
Upon arriving at a port-of-entry and when admitted, a CBP officer places a small white card, Arrival-Departure Record, Form I-94 or a small green card, Form I-94W for VWP travelers, in your passport. This card is very important as it shows permission to be in the U.S. On this card, the CBP officer records either a date or duration of status (D/S) in the lower right hand corner. If your I-94 or I-94W contains a specific date that signifies the date you must exit the U.S.Some students, exchange program participants, and temporary workers (e.g., foreign diplomats) will be admitted for D/S. If you have D/S on your Form I-94, you may remain in the U.S. as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.
2. Extension of Stay
If you came to the U.S. on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your Form I-94, expires. It is recommended you apply well in advance of your expiration date. To learn more select USCIS, How Do I Extend My Stay?.
Important Note: Providing permission to enter and/or remain in the U.S. to persons holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard. All inquiries must be directed to USCIS.
3. What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?
You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.
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