What if my I-94 expires? Status, UP, §222(g), and the 3/10-year bars
An I-94 expiration moves two independent axes — status and authorized stay — and may trigger §222(g) visa voidance. Unlawful presence accrues in-country in real time; the 3/10-year bars activate only on departure.
Last reviewed: 2026-06-27
Rules around D/S are in a high-volatility window. Always re-check the latest text on the Federal Register, DHS, ICE, and USCIS before acting. This page is general education only.
An I-94 expiration moves two independent axes: status (in/out) and authorized stay (accruing UP or not). UP accrues in real time while you are in the U.S.; the 3/10-year bars activate only at the moment of departure, which settles your continuous UP into a bar.
The skeleton: two axes + three events
- Status axis: are you complying with the classification you were admitted in? Values:
in_status/out_of_status. - Presence axis: is the INA §212(a)(9)(B) clock running on you? Values:
authorized_stay/accruing_unlawful_presence. - Three events:
overstay(past the I-94 date),§222(g)(visa auto-void),departure(the UP settlement point).
The two axes do not imply each other. See Status vs Unlawful Presence for the full model.
Date-certain admissions: UP starts the day after the I-94
For nonimmigrants with a concrete Admit Until Date (B-1/B-2, H-1B, L-1, O-1, TN, E...), if before that date you have not departed, filed a timely non-frivolous EOS/COS/AOS, or been granted parole/TPS/DACA/asylum-pending status, then UP starts the day after the I-94 date with no agency finding required. The same day usually also triggers out-of-status and §222(g) overstay — three independent judgments that just happen to align.
D/S admissions (F/J/M): UP does not start automatically
Because the I-94 has no concrete end date, the literal "overstay" concept does not apply. Under the Neufeld framework (the 2018 PM-602-0161 memo was vacated/enjoined in Guilford College v. Wolf), a D/S holder's UP generally starts only after:
- USCIS makes a formal status-violation finding in adjudicating a benefit, or
- An IJ orders the person excluded/deported/removed.
Violation date ≠ UP start date. See D/S admissions: when UP starts.
§222(g): overstay voids the visa
Any overstay (for date-certain travelers, any time past the I-94 date) generally voids the visa used for that admission under §222(g). Future visa applications usually must be made in the country of nationality, not a third country. §222(g), UP accrual, and 3/10-year bars are three independent consequences — they often coincide but are analyzed separately.
3/10-year bars: settled on departure, not at expiration
- While you are in the U.S., the bar lies dormant.
- Departure settles your continuous single-period UP into a bar.
- >180 days and <1 year → 3-year bar (§212(a)(9)(B)(i)(I)).
- ≥1 year → 10-year bar (§212(a)(9)(B)(i)(II)).
The permanent bar (§212(a)(9)(C)) is a separate track: aggregate UP > 1 year, or any attempted reentry without admission after removal. See 3 / 10-year bars and the permanent bar.
What keeps you in authorized stay (no UP)
- Timely-filed, non-frivolous pending EOS / COS (I-539, I-129).
- Pending AOS (I-485).
- Parole and post-AP parole period.
- TPS, deferred action / DACA.
- INA §208 asylum pending (unless engaged in unauthorized work).
- Minors under 18; family-unity beneficiaries; VAWA self-petitioners.
Cap-gap is a narrow F-1 to H-1B bridging rule. It does not apply to B-2, H-4, L-2, or other categories.
The Advance Parole carve-out (Arrabally)
Under Matter of Arrabally & Yerrabelly (BIA 2012), an AOS applicant's departure on AP is not a "departure" for §212(a)(9)(B) bar purposes. Previously accrued UP is not settled into a bar by that trip. AP travel does noterase the UP fact — a future ordinary departure may still settle it.
What to do
- Verify the latest I-94 Admit Until Date after every entry.
- Set 90 / 60 / 30 / 14 / 7-day reminders per person on i94.io.
- Pick a path (depart / EOS / COS / AOS) early — leave room for filing and receipt.
- If you are near or past the date, or §222(g) / a bar may be in play, consult a qualified immigration attorney.
This site provides general information only.
Frequently asked (FAQ)
Does a single day past the I-94 mean unlawful presence?
For date-certain admissions (e.g. ordinary B-1/B-2, H-1B, L-1) with no timely-filed pending EOS/COS/AOS, parole, TPS, etc., UP typically begins accruing the day after the I-94 date. D/S admissions (F/J/M) follow a different rule.
Is 'out of status' the same as accruing unlawful presence?
No. Status is one axis (classification compliance); UP is a separate INA §212(a)(9)(B) timer on the authorized-stay axis. You can be out of status but still inside authorized stay (pending EOS/COS/AOS, parole, TPS, DACA), in which case UP is not accruing.
When does the 3/10-year bar trigger?
The bar lies dormant while you are in the U.S. It activates only on departure, which settles your continuous single-period UP into a bar: >180 days and <1 year = 3-year bar; ≥1 year = 10-year bar.
If my visa is still valid but my I-94 expired, is the visa voided?
If you overstayed, INA §222(g) generally voids the visa automatically. You usually must reapply in your country of nationality.
Does a timely-filed extension / change of status stop UP?
A timely-filed, non-frivolous EOS/COS/AOS is treated as authorized stay while pending — UP does not accrue. If denied, date-certain travelers start the UP clock from the later of the I-94 date or the denial date.
Does leaving on Advance Parole trigger a bar?
Re-entering on AP is parole — authorized stay. Matter of Arrabally & Yerrabelly (BIA 2012) holds that an AOS applicant's departure on AP is not a 'departure' for §212(a)(9)(B) bar purposes, so prior UP isn't settled into a bar by that trip.
Sources this page relies on
- Case law · 2012Matter of Arrabally & Yerrabelly: AP travel is not a 'departure' for §212(a)(9)(B)
AAO held that traveling on Advance Parole while an I-485 is pending is not a 'departure' that triggers the 3/10-year bar under INA §212(a)(9)(B).
- Agency memorandum · 2009-05-06Neufeld 2009 Memo: Consolidation of guidance on unlawful presence
USCIS's first systematic treatment of when UP begins: date-certain vs D/S, and the tolling rules while a timely-filed EOS/COS is pending.
- Rulemaking · 2025ICEB-2025-0001: NPRM to replace D/S with a fixed admission date
DHS proposes to end duration of status (D/S) for F, J, and I nonimmigrants and replace it with a fixed admission date, with EOS decided by USCIS. It remains at NPRM stage and is not a final rule.
- Statute · 1996INA §222(g): visa voidance after overstay
If a nonimmigrant overstays the I-94 admission period, the visa is automatically void; a new visa must generally be sought at a consulate in the country of nationality.
- USCIS Policy Manual · currentUSCIS Policy Manual Vol 8, Part R: Unlawful presence determinations
The primary current USCIS reference for how UP is determined, consolidating the Neufeld framework and later case law.
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