A visa is a type of travel document that allows a citizen of one country to enter another country. The United States offers a vast assortment of available visas, each varying based on the reason for the trip. For example, there are visas designed for business travelers; visas for students in college or vocational schools; visas for dependents following the primary traveler; a visa to receive medical treatment; a visa to marry a United States citizen; and many more.
Once granted, U.S. visas are stamped into the passport. Upon entry into the United States, you will receive a white card called an “I-94 card,” or the information will be recorded online. Nearly every U.S. visa has an expiration date, and that is stamped onto the I-94 card. Once a visa expires, you cannot stay in the United States. You are expected to leave before the visa expires.
What can you do if you still need to live temporarily in the U.S. at the time of the expiration of the visa? One possibility is to file for a new visa.
When Does Filing for a New Visa Become Necessary?
Filing for an extension of your visa is the most common and simplest way to get more time in the United States. However, depending on the circumstances of each case, you may not be able to file for an extension and will need to obtain a new visa instead. You will need to file for a new visa if:
- Your physical visa has expired or is no longer valid, but your legal status remains. For example, the United States Citizenship and Immigration Service (USCIS) approved your petition for an H-1B visa for five years, but when you came to the U.S. border, the entry officer only stamped 3 years onto your I-94 card. In this case, your visa has expired, but your visa category is still valid. You will need to get a new visa.
- You have traveled outside the U.S. longer than is allowed
- You have traveled to certain countries
- You have committed any one of certain crimes
- You are a student visa holder and have been away from your classes longer than 5 months
- You have been denied a visa extension or a visa revalidation
- Some visas cannot be renewed from within the U.S. (e.g., NATO-7)
How do I File for a New Visa?
Filing for a new visa is usually accomplished through the U.S. embassy or consular office where your first visa was obtained. This will involve several steps:
- Complete immigration form DS-160, the non-immigrant visa application, or submit the online version of the visa application form
- Pay the visa fees, which vary depending on the specific visa requested
- Schedule and attend an interview at your consulate or embassy
- Present all the documentation you showed the officer when you first got the visa: birth certificate, employment letter, performance schedule, etc.
Are There any Alternatives to Filing for a New Visa?
Filing for a new visa is typically considered the least appealing option for lengthening a visa. It probably means you will have to take a trip back to the consulate or embassy where you first got your visa, which can be time-consuming and expensive. Overstaying a visa can also negatively affect your ability to travel or stay in the U.S. in the future. In some serious cases, you may be banned from the U.S.
Alternatives to obtaining a new visa are:
- Obtain a Visa Extension: Extensions are granted frequently, but extension applications must be submitted well before the visa expires. It pays to apply at least 6 months in advance. Supporting documentation is the same as was required to get the initial visa. Depending on the visa, that may be corporate documents, bank account statements, identification documents, etc.
- Visa Revalidation: A visa revalidation is a process for reinstating a visa when a foreigner desires to travel outside the United States for a short period. Visa revalidations allow people to re-enter the United States following a brief trip (less than 30 days) to Canada or Mexico. This allows foreign citizens to renew their visas without applying for new ones or leaving the United States. This can save both time and money for travel. Only certain non-immigrant categories qualify for revalidation and only under certain circumstances.
What Happens if I Overstay My Visa?
There are several consequences for overstaying a visa (staying longer than is allowed).
Your visa is automatically canceled. As a result, even if you had a visa that allowed you to use it for multiple trips into the United States, you cannot use it again.
As you continue to stay in the United States, you are accruing what is known, in legal terms, as an “unlawful presence” in the United States. A 180-day or more unlawful presence makes you “inadmissible” to the United States. That means you will not be granted a visa, a green card (lawful permanent residence), or other immigration benefits for three or ten years, depending on how long you overstayed. An unlawful-presence overstay of between 180 and 365 days results in a three-year bar on reentry; an overstay of over 365 days results in a ten-year bar on reentry.
You become deportable (now called “removable.”) Because you have violated immigration law by overstaying your visa; the government has the right to deport you. Usually, your best option is to leave the United States as quickly as possible. One benefit of voluntarily leaving is that there will be no order of deportation in your immigration record. A deportation order may prevent you from coming to the U.S. for up to ten years or make you ineligible for certain immigration benefits. If you leave alone, you may be able to return to the U.S. much sooner.
Do I Need a Lawyer When Filing for a New Visa?
It is advisable to consult with an immigration lawyer for any issues, questions, or concerns related to lengthening your stay in the United States. If you act independently and fail to follow the necessary application requirements very carefully, your application may be denied. Re-applying starts the clock all over again.
Your attorney can help you determine if you are required to obtain a new visa or whether it would be better to have your visa extended or revalidated. The lawyer will explain your options to you and will help you choose the option that looks best to you. Immigration laws can be complex, but a lawyer can help explain how they apply to you.
The attorney can assist you with completing any forms, including the application, and advise you of the laws which govern your particular type of visa. You will probably have to travel back to the city and country where the original visa was granted to obtain a new visa. It is a good idea to consult with a lawyer before you travel outside the U.S. to ensure you can re-enter the U.S. without any unforeseen issues.
Lastly, if there are any changes to visa laws, your attorney can keep you updated on your legal rights and options.
