Out of Status

A U.S. visa allows the bearer to apply for entry to the United States in a certain classification for a specific purpose, such as student (F), visitor (B), or temporary worker (H). Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. When you arrive in the United States, a DHS CBP inspector determines whether you will be admitted, length of stay and conditions of stay, in the United States. When admitted you are given an admission stamp or paper Form I-94 (Arrival/Departure Record), which tells you when you must leave the United States. The date granted on the admission stamp or paper Form I-94 at the airport governs how long you may stay in the United States. You are considered out of status if you remain in the United States without authorization after the expiration date on your admission stamp or paper Form I-94. It is important to understand the concept of immigration status and the consequences of violating that status. Failure to maintain status can result in arrest, and violators may be required to leave the United States. Violation of status also can affect the prospect of readmission to the United States for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years. See our Visa Expiration Date page for more information.