ASISTA Practice Pointer: Correctly Identifying the Expiration Date of U Nonimmigrant Status (Updated February 8, 2024)

Many practitioners report uncertainty about the date their client’s U status expires because the client has multiple documents defining the validity of their status. For instance, a U derivative may have: (1) the I-797 approval notice for the principal’s I-918, (2) the I-797 approval notice for their own I-918A, (3) a U-3 (or other derivative U category) visa in their passport, (4) an I-94 from CBP, and (5) a passport entry stamp. Sometimes the expiration date on one of these documents is different from others. This resource provides strategies to address expiration date discrepancies, obtain a copy of the I-94, which is generally controlling, and develop an appropriate plan for filing that preserves your client’s rights.