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: 2026-07-06
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.
Related articles
This site provides general information only. It is not legal advice and does not create an attorney–client relationship. Consult a qualified U.S. immigration attorney about your case. i-94.org is independent and is not affiliated with DHS, CBP, USCIS, ICE, or any government agency. Actual I-94 lookup and reminder tools are provided by i94.io.