This article was last updated and fact checked on October 24, 2024 by Mani Karthik.
So, you’re in the US, and your visa has either expired or is about to.
Feeling the panic? You’re not alone, and thankfully, you do have options. But here’s the deal — you need to act quickly and smartly to avoid any legal trouble.
Let’s break down what you should do to stay in the US legally after your visa expires.
In this article...
Understand the Grace Period
Many visa categories come with a grace period.
For example, if you’re on an F-1 student visa, you typically have 60 days after the visa expiration date to prepare to leave the US or adjust your status.
If you’re on an H-1B visa, you might get up to 10 days.
Use this time wisely because once the grace period ends, things can get tricky.
Tip: Know your specific visa type’s grace period, and act fast within that time frame.
When traveling to USA, travel insurance is much recommended.
Two great plans are, Atlas America and Safe Travels USA.
However there are other choices like these, as well.
Apply for a Visa Extension
If your visa is about to expire but you’re not ready to leave, you can apply for a visa extension.
This process can keep you legally in the US while your application is being processed.
To do this, file Form I-539 with USCIS (United States Citizenship and Immigration Services).
Make sure you file this before your visa expires, and be prepared to provide a good reason for your extension request, like ongoing education, work, or family reasons.
Switch to a Different Visa Category
Can’t extend your current visa?
Another option is to switch to a different visa category.
For example, if you’re on a B2 tourist visa, you might be able to switch to an F-1 student visa if you’ve been accepted into a US school.
Or, if you’re working, you could move from a B1 visa to an H-1B work visa, if you have an employer willing to sponsor you.
You’ll need to file the appropriate forms with USCIS and wait for approval.
Tip: Start this process early — visa status changes can take time to get approved.
Apply for Adjustment of Status
If you’re eligible, you could apply for a green card through a family member or employer.
This process is called adjustment of status, and it allows you to stay in the US legally while waiting for your green card approval.
You’ll need to file Form I-485 with USCIS.
Just keep in mind that not everyone is eligible for this, and there are certain requirements, like having a sponsor or an approved petition.
Leave the US and Reapply
Sometimes, the best move is to leave the US before your visa expires and then reapply from your home country.
This might sound like a hassle, but it can prevent you from accruing unlawful presence, which can lead to bans on returning to the US.
Tip: If you stay past your visa’s expiration without taking action, you could face penalties like being barred from re-entering the US for 3 to 10 years, depending on how long you overstayed.
Bottom line: don’t ignore an expiring visa.
You’ve got options, but the key is to act fast.
Staying legally in the US after a visa expires requires quick thinking, planning, and making the right moves to avoid serious consequences.
