IN a previous article, I discussed the differences between a non-immigrant visa and an I-94 (white, postcard-size document stabled in your passport upon entry into the US.) In this article, I will discuss the differences between the expiration dates on the visa and on the I-94.
Expiration dates
The expiration on a visa is different from the date stamped on your I-94 by the CBP officer. The expiration date on the visa indicates the time period during which you can travel to the US. The date on the I-94 indicates the length of time that you are allowed to stay in the US on THIS PARTICULAR TRIP. Therefore, if you have a 10 year multiple entry visa, but the CBP officer gave you 6 months for this trip, then the length of time that you can lawfully stay in the US on this particular trip is 6 months, not 10 years. Similarly, if your visa expires in 2 weeks, but the CBP officer gives you 6 months on the I-94, you are allowed to stay the 6 months. (However, you would then need to apply for, (or renew) your expired visa when you return to the Philippines in order to travel back to the US).
In addition, if you remain in the US even 1 day beyond the date on the I-94, your visa could be considered void, even though it may be a 10-year multiple entry visa. This is because the I-94 governs the length of time you can remain in the US on this particular trip, and overstaying by even 1 day could void your visa. Overstaying more than 180 days, but less than a year could subject you to a 3 year, bar once you depart the US. Overstaying in the US for more than a year could later subject you to a 10 year bar, if you depart.
Therefore, it is very important that you keep track of the various expiration dates in connection with your travels to the US, such as expiration date of your passport, the expiration date of your visa, and the expiration date of your I-94.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the Bar of California. Each case is different. The information contained herein (including testimonials, "Success Stories," endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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( Published on July 30, 2009 in Asian Journal Northern California p. B3 )
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