Unlawful presence in the United States has serious consequences, If you overstay your visa, it’s crucial to understand the possible results of that decision. If you are concerned about your immigration status or have overstayed your U.S. visa, it’s in your best interest to consult a qualified Essex County Immigration Attorney who can help explore potential solutions to rectify your situation.
What Can I Expect After Overstaying My Visa?
Overstaying a visa is a serious matter with considerable consequences. When you are granted a visa, you are permitted to legally remain in the country for a specific period. If you remain in the country beyond this period of stay without valid immigration status, you will be considered unlawfully present. Depending on how many days of unlawful presence you have accrued, you could be barred from entering the country for either 3 years, 10 years, or forever.
If you have accrued over 180 days but less than a year of unlawful presence, you may not be permitted to enter the U.S. for 3 years. If you accrued more than one year of unlawful presence during one continuous trip and have already left the country, you may be barred from entering the country for 10 years. If you have accrued more than one year of unlawful presence throughout several trips and have left the country, you may face permanent grounds of inadmissibility. Generally, overstaying a visa can affect your chances of obtaining future visas, a green card, or U.S. citizenship. It can lead to removal proceedings and you can face criminal sanctions.
What is Visa Overstay Forgiveness?
As mentioned above, if you remain in the country beyond your allowable date, you are unlawfully present. This can result in your deportation, criminal penalties, and even being prohibited from coming back to the U.S. Given the potential consequences, it’s crucial to understand your legal options.
In some cases, individuals may be eligible for visa overstay forgiveness. This waiver allows individuals to remain in the country after their visa expires and take advantage of immigration benefits. To be eligible, you must be able to demonstrate that your overstay was due to extraordinary circumstances beyond your control, such as a medical emergency. However, this process isn’t always straightforward.
As you can see, it’s crucial to adhere to the terms of your visa. Failure to do so can have long-lasting negative effects on your legal status and future in the U.S. If the duration of your stay has expired and you are still in the county, please don’t hesitate to reach out to a skilled attorney from the Law Offices of Christopher T. Howell, Esq., who can help you navigate your legal options. Connect with our firm today to learn how we can help protect your future.
