If you’re a visa holder and remain in the U.S. past the “admit until date” stipulated on your Form I-94 (Arrival/Departure Record), you will face harsh penalties for overstaying your visa. Please continue reading to learn about the potential consequences of overstaying your visa and how a determined Essex County Immigration Attorney can help you determine if you’re eligible for visa overstay forgiveness.
How long can I stay in the U.S.?
For many visa holders, it can be difficult to distinguish between the expiration date and the length of the time you have permission to remain in the country. Consequently, many foreign nationals make the mistake of overstaying their visa. It’s imperative to note that a visa does not guarantee entry to the U.S. Rather, it indicates a consular officer has reviewed your application at a U.S. Embassy or Consulate and that the officer has determined after careful review that you’re eligible to travel to a U.S. port of entry for a specific purpose.
Upon arrival at a port of entry, the Customs and Border Protection (CBP) official will determine the length of your stay. It’s crucial to understand that the admitted-until date or D/S notation that is shown either on your admission stamp or your Form I-94 is the official record of your authorized period of stay in the U.S. Essentially, your visa expiration date is not your permitted length of stay.
What Happens if I Overstay My Visa?
When foreign nationals remain in the U.S. with unlawful immigration status, they are considered unlawfully present. Under the Immigration and Nationality Act (INA), there are two types of unlawful presence:
- If you remain in the U.S. without first being paroled or lawfully admitted
- If you stay in the U.S. past the allotted time you’ve been granted by the Department of Homeland Security (DHS)
If you overstay your visa, you will face many substantial consequences. Firstly, unlawful presence is grounds for inadmissibility. Depending on the number of days you’ve accrued, you will be barred from entering the U.S. for a specific period.
If you’ve accrued over 180 days but less than a year, you will be barred from entering the U.S. for three years. If you’ve accrued more than one year of unlawful presence during one continuous trip, you will be banned from entering the U.S. for ten years. If you’ve accrued more than one year of unlawful presence throughout several trips, you will not be allowed back into the U.S. Furthermore, you will have difficulty obtaining future visas and other immigration benefits, such as employment authorization or federal student aid, if you overstay your visa.
As you can see, violating U.S. immigration laws by overstaying your visa carries serious consequences. If you’ve overstayed your visa, please don’t hesitate to contact a determined attorney from the Law Offices of Christopher T. Howell, Esq., who can help you protect your future in the U.S.
