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I would like to clarify a few things regarding my situation. You see, on August 9, 2016 I received back my passport with my US Visa on it. And as I saw, it stated that the visa is due to expire on Dec 30, 2016. However, I would like to spend Christmas and New Years in the United States. I want to arrive in the U.S. on Dec 1 and leave January 13. Now having realised that my Visa's validity is only until 30th of December (right before New Years) I now wonder, would it be possible to be given a duration of stay past the expiry date of the visa?

I am asking this because I do not know exactly how to proceed with my travel plans. Should I book past the validity of my visa or should I stick within the given validity dates of my visa? I've seen through research that the duration of stay given in the I-94 by the DOHS officer can surpass the given validity of my visa but I am in doubt and need some assurance.

Taken from: http://www.ustraveldocs.com/ph/ph-gen-faq.asp#qlistgen14

"Q.14 My visa will expire while I am in the United States. Is there a problem with that? No. You may stay in the U.S. for the period of time and conditions authorized by the Department of Homeland Security officer when you arrived in the U.S., which will be noted on the I-94, even if your visa expires during your stay."

Hoping to get these questions clarified so I can proceed planning my travels soon.

JonathanReez
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Nicollo Lopez
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1 Answers1

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The site you cite is a "semi-official" source, run by a government contractor (thanks to Michael Hampton for pointing that out). Official sources agree; see https://travel.state.gov/content/visas/en/general/visa-expiration-date.html:

Admission to the United States and your Duration of Stay

Upon arriving at a port of entry, the CBP official will determine the length of your visit.

On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United State. If you have D/S on your admission stamp or paper Form I-94, you may remain in the United States as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.

Carefully review information about international visitor admission on the CBP Website.

If your visa is a B-2 visa (or B-1/B-2) then you will normally receive six months on entry, so you should be fine.

If you have another type of visa, your period of admission may be different, and may depend on the purpose of your trip.

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