What is my duration of status?

What is My Duration of Status?

Your authorized stay in the United States is dictated by your specific visa status and its associated terms. This timeframe, often tied to a program’s completion date (as with student visas), dictates the permitted length of your visit. The validity of your status directly determines your allowed duration.

How to Determine Your Duration of Status

The duration of your status can be found on several documents:

• Form I-94 (Arrival/Departure Record): This document is provided to you upon entry into the US and indicates the date until which you are authorized to remain in the country.
• Visa Stamp: The visa stamp in your passport will also specify the duration of your stay.
• SEVIS Record (for F-1 and M-1 students): This online record maintained by the Student and Exchange Visitor Program (SEVP) indicates your authorized duration of status and program end date.

Factors Affecting Your Duration of Status

The duration of your status can be affected by several factors, including:

• Type of Visa: Different visa types have different durations of stay. For example, a B-2 tourist visa typically allows for a stay of up to 90 days, while an F-1 student visa can allow for a stay of several years.
• Purpose of Stay: The purpose of your visit can also impact your duration of status. For example, students may have a different duration of status than workers or visitors.
• Extensions and Changes of Status: You may be able to extend your duration of status or change to a different visa type. However, this process requires filing a petition with the United States Citizenship and Immigration Services (USCIS) and approval is not guaranteed.

Consequences of Overstaying Your Duration of Status

Overstaying your authorized duration of status is a serious violation of immigration law. Consequences may include:

• Loss of Legal Status: You will no longer be authorized to work, study, or reside in the US.
• Accrual of Unlawful Presence: If you overstay for more than 180 days, you may be subject to a 3- or 10-year bar on re-entering the US.
• Removal Proceedings: The Department of Homeland Security (DHS) may initiate proceedings to remove you from the US.

Maintaining Your Status

To avoid overstaying your duration of status, it is important to:

• Keep track of your expiration date.
• File for an extension or change of status before your current status expires.
• Comply with all the terms and conditions of your visa.
• Consult with an immigration attorney if you have any questions or need assistance.