Is it risky to fly from one state to anotherwith an expired visa?

My fiance lives in a different state than I do. He wants to come to my state for our marriage. We are concerned that if he take an airplane that he will face problems. Is that true?

Asked on January 20, 2013 under Immigration Law, Minnesota


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello abd congratulations on your upcoming marriage.

There are more than 20 nonimmigrant visa types for people traveling to the United States temporarily.  There are many more types of immigrant visas for those people coming to the United States to live permanently.   A visa must be valid at the time a traveler seeks admission to the U.S., but the expiration date of the visa (meaning the validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the U.S.  When a person is admitted into the U.S. for a specific period of time, the authorized period of stay is noted on the I-94 card (this is called an ‘Arrival Departure Record’). The person may remain in the U.S. during his/her authorized period of stay even if his/her visa expires during the time he/she is in the U.S. The Form I-94 documents the authorized stay and it is the official record of permission to be in the U.S., and, so, it is very important to keep the I-94 inside one's passport.

I recommend that you confer privately with an attorney about your worries and your needs.  Immigration law is a complex area.  I recommend you phone several attorneys in seeking help because obviously it is critical that you feel a sense of great safety and trust with the attorney helping you so that you feel you can speak freely about your situation.   All the best.

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