FlyerTalk Forums - View Single Post - Problem? US Visa expires Mar1, flight leaves 12:30am Mar2
Old Feb 24, 2010 | 10:05 am
  #34  
lin821
 
Join Date: May 2004
Location: Home
Programs: AA, Delta, UA & thanks to FTers for my PC Gold!
Posts: 7,674
Visa vs. (Legal) Status

Originally Posted by Mountain Trader
There seem to still be different ideas on what controls the allowed stay in the US-is it the period stated on the visa (which you seem to support) or is it the date on the I-94 (as others support).
That's not what I meant. What I meant to say is expiration date on the visa is not what to count on (see my subsequent post). U.S. visa holders should conduct themselves according to their legal status in the States and plan their departure before the legal status expires.

The distinction between visa and (legal) status are made more clearly in others' posts (see posts by B747-437B, soitgoes & czarina). The general public tends to confuse visa with legal status though.

For example, for student visa holders (F-1, J-1, or M-1), their legal status in U.S. is student. They have to comply with the requirements to maintain their student status (enrollment, valid document.s..etc) at all time. Once they fail to meet those requirements or graduate from their programs of study, they are out of status and have to leave the States. Otherwise, they become illegal.

Back to the topic at hand. The best bet for OP's GF is to look up the date on her I-94 and be on her departure flight by say date. Don't take any chance. Better safe than sorry.

Last edited by lin821; Feb 24, 2010 at 11:49 am Reason: typo
lin821 is offline