If you are in the United States and recently married a U.S. citizen, you may be thinking about applying for a green card through adjustment of status. One important part of the process is your “authorized period of stay.” This refers to how long you were legally allowed to stay in the U.S. based on your visa or entry record. Many people worry that an expired visa or a period of overstaying will hurt their chances of getting a green card. The good news is that U.S. immigration law makes special exceptions for people who are married to U.S. citizens. In this post, we explain what an authorized period of stay is, how it impacts your application, and what to do if you are currently out of status.
Table of Contents
- What Is an Authorized Period of Stay
- The Difference Between a Visa an Authorized Stay
- Adjustment of Status for Spouses of U.S. Citizens
- What Happens If You Overstay Your Visa
- What If You Did Not Enter Legally
- How to Check Your I-94 and Status
- When to Speak with an Immigration Attorney
- Key Takeaways
1. What Is an Authorized Period of Stay
An authorized period of stay is the time you are legally allowed to remain in the United States based on the conditions of your entry. This period is set by a U.S. immigration officer when you arrive at a port of entry. It is recorded on Form I-94, which is your official arrival and departure record.
Your authorized stay is not determined by the expiration date on your visa. Instead, it is determined by the date shown on your I-94 record. You can access your I-94 at https://i94.cbp.dhs.gov.
2. The Difference Between a Visa and Authorized Stay
It is common to confuse visa expiration with the end of your authorized stay. These are two different things:
- A visa allows you to travel to a U.S. port of entry. It may be valid for several years.
- Your authorized stay is the time you are allowed to be in the country after being admitted, which is shown on your I-94.
For example, you might have a tourist visa that is valid for 10 years. But if your I-94 says you can only stay for six months, your authorized stay ends six months after your arrival date.
3. Adjustment of Status for Spouses of U.S. Citizens
If you marry a U.S. citizen, you may be eligible to apply for a green card through a process called adjustment of status. This means you can apply for permanent residence from inside the United States.
In general, immigration law requires that applicants for adjustment of status be in a valid immigration status. However, there is an important exception for immediate relatives of U.S. citizens. Immediate relatives include spouses, parents, and unmarried children under 21.
If you entered the U.S. legally, even if you are currently out of status, you may still qualify to adjust your status based on your marriage to a U.S. citizen.
4. What Happens If You Overstay Your Visa
If your authorized stay has ended but you entered the U.S. legally and later married a U.S. citizen, you can usually still apply for a green card. Your overstay will not automatically disqualify you from adjustment of status.
You must be able to show:
- Proof of lawful entry (such as a passport stamp or I-94)
- A valid and good-faith marriage to a U.S. citizen
Even if your I-94 expired a long time ago, you can still apply as long as your entry was legal.
5. What If You Did Not Enter Legally
If you entered the U.S. without inspection, such as by crossing the border without going through immigration, you may not qualify to adjust status in the U.S. even if you are married to a U.S. citizen.
In these cases, you may need to apply for a waiver and go through consular processing, which involves attending an interview at a U.S. embassy or consulate in your home country. These situations are more complex and often carry the risk of being barred from returning to the U.S. for several years. You should speak with an immigration attorney before taking any action.
6. How to Check Your I-94 and Status
To confirm your authorized period of stay, visit the U.S. Customs and Border Protection website and look up your I-94 at https://i94.cbp.dhs.gov. This will show:
- The date you entered the U.S.
- The visa classification you used
- The date your authorized stay expired
If your record shows “D/S” (duration of status), such as for F-1 students, your stay is valid as long as you continue to meet the conditions of your visa.
7. When to Speak with an Immigration Attorney
You should speak with a licensed immigration attorney if:
- You do not have proof of legal entry
- You entered without inspection
- You have prior immigration violations or criminal charges
- You are unsure about your eligibility
An attorney can review your situation and help you avoid mistakes that could delay or harm your case. Free and low-cost legal help may be available through nonprofit organizations and legal clinics.
8. Key Takeaways
- Your authorized period of stay is based on your I-94, not your visa.
- If you entered the U.S. legally and are married to a U.S. citizen, you may still qualify for a green card, even if you overstayed.
- If you did not enter legally, you may need to apply for a waiver or go through consular processing.
- Always keep records of your entry and talk to an immigration expert if you are unsure about your case.
Schedule a Consultation with an Immigration Lawyer
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