Visa Overstays: Check Your I-94 Now
On June 4, 2025, the Department of Homeland Security announced that CBP, ICE, and USCIS would ramp up their review of immigration records to identify and act on visa overstays. For anyone in the U.S. on a temporary (nonimmigrant) status, this is a good moment to do one simple thing: know exactly how long you are authorized to stay — and protect that status.
This is general information about current enforcement priorities, not legal advice. You can read the announcement at uscis.gov.
First: know your authorized stay (your I-94)
A common and dangerous misunderstanding is to confuse your visa with your period of stay. They are different:
- Your visa (the stamp in your passport) controls when you may enter the U.S.
- Your Form I-94 controls how long you may stay after you enter.
Your I-94 admission record shows your "admit until" date — the date your authorized stay ends. You can look it up for free at the CBP I-94 website. Staying past that date — even if your visa is still valid — is an overstay.
What an overstay can cost you
Overstaying is not a minor technicality. Depending on the situation, it can lead to:
- Unlawful presence, which can trigger the 3-year or 10-year bars to returning to the U.S. once you depart (more than 180 days of unlawful presence → 3-year bar; one year or more → 10-year bar);
- Automatic voiding of your visa, so you cannot use it to re-enter;
- Difficulty extending or changing status, or obtaining future visas; and
- Exposure to removal (deportation) proceedings.
What to do
- Check your I-94 now and calendar your "admit until" date.
- Act before it expires. If you need more time, file to extend or change your status in a timely way — well before your authorized stay ends.
- If you have already overstayed, get advice — do not simply leave. For some people, departing triggers a bar; for others, there may be options to fix or mitigate the situation. The right move is fact-specific, and leaving without advice can make things worse.
- Keep proof of your status and filings in case you need to show them.
Why this matters
With agencies actively reviewing records, an overstay you might have hoped would go unnoticed is far more likely to surface — at a renewal, a border crossing, or a future application. Understanding your dates and acting early is the simplest, most effective protection you have.
How we can help
If you are unsure when your authorized stay ends, need to extend or change status, or have already overstayed and want to understand your options, talk to us before taking any step. As a firm led by a former U.S. Immigration Judge, we help people protect their status and weigh the real consequences of every option. If your status is in question, contact us.
Frequently asked questions
My visa is still valid — can I stay as long as it shows?
No. Your visa controls entry; your Form I-94 controls how long you may stay. If your I-94 "admit until" date passes, you have overstayed, even if the visa has not expired.
Where do I find my authorized stay?
On your Form I-94 admission record, available for free on the CBP I-94 website. Look for the "admit until" date.
What happens if I overstay?
It can cause unlawful presence (with potential 3- or 10-year re-entry bars after you depart), void your visa, complicate future applications, and expose you to removal. Consequences vary — get individualized advice.
I already overstayed — should I just leave?
Not without advice. For some, departing triggers a bar; for others, there may be ways to address it. The right step depends on your specific situation.
This article is general legal information about current enforcement priorities, not legal advice, and does not create an attorney–client relationship. Immigration consequences are highly fact-specific; confirm your status and options with a qualified attorney before taking any action, and verify your I-94 at the official CBP website.