The I-94 is the US government’s record of when you entered and how long you are allowed to stay. It is not your visa. Most overstay questions come down to one date on this record.
Visa vs. I-94: what is the difference?
A visa is a foil in your passport issued by a US consulate. It is permission to apply for admission. The officer at the port of entry then decides whether to admit you and for how long. That decision is recorded on your I-94.
This is why people with a long-validity tourist visa can still overstay. The visa can be good for years while each individual stay is limited to the period on the I-94.
Where to find your I-94
- Online (most reliable). Go to the official CBP site at i94.cbp.dhs.gov. Choose “Get Most Recent I-94” and enter your passport details. You can also view your recent travel history there.
- Your passport stamp. The admission stamp from the officer may show the date you were admitted and “until” date or “D/S”.
- A paper I-94. If you crossed a land border in the past or were given a paper card, it will show the same information.
If the online record and your stamp disagree, the online record is what officers check. If you think the record is wrong, see “What if your I-94 is wrong?” below.
What if my I-94 says “D/S”?
“D/S” means “duration of status”. It is common for students (F-1), exchange visitors (J-1) and some other categories. There is no calendar date. You may stay as long as you keep your status and follow its rules, for example by staying enrolled and within the program end date on your Form I-20 or DS-2019.
Unlawful presence works differently for D/S holders. It generally does not begin to accrue just because your program ended or you violated the terms of your status. It begins when USCIS makes a formal finding of a status violation while deciding a benefit request, or an immigration judge issues a decision. If your I-94 says D/S, speak to an attorney or your school’s designated official before using any date-based calculator, including ours.
Which date counts for an overstay?
For most visitors and workers, the “Admit Until Date” on the I-94 is the last day of authorized stay. If you are still in the US the next day and have no extension or other protection, you are in a period of unlawful presence.
- Under or up to 180 days: no automatic re-entry bar when you leave, but your visa is voided and future applications are affected.
- More than 180 days and less than one year: a 3-year bar can apply when you depart.
- One year or more: a 10-year bar applies when you depart.
You can see which range applies to you with the overstay calculator.
Can I extend my I-94?
Many people can, but they must ask before the date passes. Visitors usually file Form I-539 with USCIS. Workers are usually extended through an employer petition, and students through their school. A timely filed, non-frivolous request can stop unlawful presence from accruing while it is pending. Read the I-539 guide for details and exceptions.
What if my I-94 is wrong?
Errors happen: a wrong name, class of admission or date. Start by checking the official online record. If it is still wrong, you can ask CBP to correct it, usually through a Deferred Inspection office, and you will need documents that prove what it should say. An immigration attorney can help if the error affects a pending application.
Special situations
Some people are not accruing unlawful presence even after their I-94 date passes: for example people with Temporary Protected Status, children under 18, and some applicants with pending asylum, extension, or change-of-status requests. These exceptions are narrow and fact-specific.