If you stay in the US after your visa expires, whether you are in legal status or not will depend on what type of visa you have and also whether one has applied for extension or change of status.  A visa is a document that permits entry, and just because it has expired, does not mean that you must leave immediately.  But, if your I-94 date has expired, you might be out of status. If you stay in the U.S. beyond your scheduled departure, it can result in your being deemed unlawfully present which can result in deportation. When you overstay in the US for more than a hundred eighty days and less than a year and depart, it could lead to a three-year ban from entering the US. After the expiry date of your visa, if you stay in the U.S. for more than one year, you may get a 10 year ban. The penalties examined in this section are found at 8 U.S.C. § 1182(a)(9)(B). In case you want to still stay legally in the country after your visa is about to expire, you must apply for extension/change of status before your period of authorised stay expires. You can apply for an extension or change of your visa status, and if you qualify, go to USCIS. If your asylum application is still ongoing, you can stay in the U.S. until your case is decided, as your status will remain valid even after your visa expires.