What Happens if You Overstay Your Visa?
There are many different types of visas that allow foreign nationals to enter the United States to live, work, or visit for an extended period of time as a tourist. Non-immigrant visas have an expiration date but what is even more important is the “Admit Until Date” on the Form I-94, or the date on which you must leave the U.S. This date is the most important, as overstaying that date has serious consequences.
The federal consequences of overstaying a visa are outlined in the Immigration and Nationality Act, although Georgia also imposes its own set of penalties for those in the state who overstay their visa. Below, our Atlanta non-immigrant visa lawyer explains what these are.
Your Visa is Voided
If you overstay your non-immigrant visa, it will become void under the Immigration and Nationality Act. Even if your visa had a ten-year expiry date, if you overstay the date on Form I-94, your visa will not allow you to reenter the United States. If you wish to come back to the U.S., you will have to apply for a new visa at a U.S. consulate in your own country.
Unlawful Presence Starts Accruing
The term ‘unlawful presence’ is very important to immigration officials. Even just one day after you overstay your visa, you start accruing ‘unlawful presence’ days. The longer you overstay your visa, the more severe the consequences you will face. The duration of your unlawful presence will directly impact how long you will be barred from returning to the U.S.
If you overstay over 180 days but less than one year before voluntarily leaving the country, you will be barred from returning to the U.S. for three years. If you overstay one year or longer, you are barred from returning to the U.S. for ten years.
You May Be Deported
Overstaying your visa makes you eligible for deportation from the United States. If you encounter immigration enforcement officials, whether through a workplace raid, a traffic stop, or other interaction, you may be placed into removal proceedings.
Loss of Immigration Benefits
Overstaying your visa will result in the loss of obvious immigration benefits, such as the right to work or live in the United States. Even if you remain in the country, you are at constant risk of deportation, may lose your employment, and face other consequences. For example, you cannot apply for an extension of your visa, as you have missed the opportunity. If you wish to apply for another visa in the future, your overstay will be highly scrutinized by the consular office and reentering the U.S. will be much more difficult.
Our Non-Immigrant Visa Lawyer in Atlanta Can Advise You of Your Options
If you have overstayed your visa, it is important to know that you have options. Our Atlanta non-immigrant visa lawyer can explain what these are, including waivers of inadmissibility, exceptions to accruing unlawful presence, and more. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. We are happy to serve clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.
Source:
uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
