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Visitors come to the United States for many different reasons, but most visitors come to the U.S. as Tourists, and technically are granted what is called “B-2 tourist status”. Citizens of some “Visa Waived” countries do not need visas, and they are automatically granted a 90-day period of stay, which may not be extended or changed. For all others, the type of status given and the length of stay permitted are shown on a standard entry document — a piece of paper called an “I-94”, filled out by the visitor, but then reviewed and annotated by the Immigration Services’ (USCIS) Inspections Officers at the Port of Entry (most likely the airport). USCIS will usually grant six (06) months of tourist stay, indicated by stamping the I-94 document and writing the required departure date on its face.

Many visitors wish to remain in the United States beyond the time granted to them at the port-of-entry. Unfortunately, rather than following proper procedure, they often “overstay” their departure date, assuming USCIS will not be aware of this seemingly minor violation. Beware: No matter the reason you need extra time for your visit, if you are given a form I-94 at the airport and overstay the time period granted, the consequences may be severe. Some consequences of overstaying a visit:

• Overstays may be barred from returning to the US for three or ten years, depending on the period of overstay;
• Overstays may cancel your U.S. Visa and/or impede your ability to obtain a new Visa or Extensions of Stay or Changes of Status in the future;
• Overstays may not be able to Adjust Status in the U.S. in certain cases, where they otherwise would be eligible for Permanent Residence.

The proper procedure is to visit the United States for the time allowed and leave prior to the expiration of your I-94. If you would like to extend that stay, you must file a request with the USCIS, explaining why you need more time. You must file this request early enough to complete the application process before your initial authorized period of stay expires.

If you don’t need extra time, simply:

• Check the expiration date on your I-94,
• Exit the U.S. before your authorized period of stay expires;
• Make sure to document your departure when you leave the U.S. and get your passport stamped when you enter another country.

If you have any doubt about your situation, you should consult an Immigration Attorney before you make such an important decision. An experienced Immigration Attorney will be able to assist you to extend or change your status, and provide invaluable legal advice about how you can protect your rights and privileges as guaranteed by our Constitution and immigration laws. The U.S. Immigration Services can be welcoming, and even generous – if you follow the rules! (Law Offices of Kravitz & Guerra P.A.)