US Embassy Warns Indian Travellers: Visa Expiry Does Not Decide Length of Stay

The US Embassy in India has issued a strict advisory for Indian and other international travellers visiting the United States, reminding them that the duration of stay in the US is determined by border officials, not the visa validity date.

In a social media post, the embassy clarified that the final authority on how long a visitor can remain in the US lies with Customs and Border Protection (CBP) officers at the port of entry. Travellers are advised to check their Form I-94 “Admit Until Date”, which legally defines the permitted length of stay.

“The length of time an international visitor is allowed to stay in the United States is determined by the CBP officer upon arrival, not the visa expiration date,” the embassy said, urging visitors to verify their status on the official I-94 website.

Form I-94 (Arrival/Departure Record) is issued to most foreign nationals entering the US on non-immigrant visas. The document is attached digitally to a traveller’s passport during entry and includes a specific departure date. Visitors must exit the country on or before this date to remain compliant with immigration rules.

According to the US Department of Homeland Security, overstaying beyond the I-94 date — even with a valid visa — can lead to serious immigration consequences, including future visa denials, detention, or removal proceedings.

The advisory comes amid heightened scrutiny of foreign travellers entering the US. Several recent incidents have highlighted cases where travellers were detained at airports despite holding valid documents. US authorities maintain that CBP officers have broad powers to inspect luggage, electronic devices, and assess admissibility at the border.

The embassy also noted that in cases of wrongful detention, the first point of contact for the detained individual is typically a consular officer from the nearest US embassy or consulate. However, privacy laws limit the information that can be shared with family members unless explicit consent is provided.

With stricter enforcement and increased checks at US entry points, travellers are being urged to understand immigration rules clearly, avoid overstaying, and regularly monitor their I-94 compliance status through the official DHS portal.