Rules and Consequences of Visa Overstays - Part I

Thousands of people enter the United States on the Visa Waiver Program every year. There are almost 36 participating nations in this program in which, the citizens can travel to United States for tourism or business stays not extending more than 90 days. In order to participate in this program, participants have to clear certain eligibility criteria. Along with this, Electronic System screens a visitor for Travel Authorization (ESTA) before travel. He/she also needs to be screened at the port of entry and be registered in the US-VISIT program of Department of Homeland Security.

In the section below a lawyer from the best immigration Law firm in the New York City, talks about the various aspects of a visa overstays –

In most cases, foreign nationals arriving in the United States are given an I-94 card which generally has the date by which the foreign national should leave the country. This means that the visa is valid for a stipulated period. However, in some cases an individual may overstay his/her visa. Under these circumstances, the visa becomes void, in other words, is cancelled. Cases that are an exception to this, include, those in which the tourist may have applied for an extension or has started the process of gaining lawful permanent residence of the country.

The immigration lawyer New York further advises that the visitor should not wait for his/her visa to expire in order to file for extension or change in the status. This is because the stringent federal immigration law has penalties for those who overstay their visas. In cases where a visitor is overstaying for more than 180 days, the person is barred to enter in the United States for a period of three to ten years. In cases of overstay up to 180 days, the individual is barred for a period of three years if he/she is ready to voluntarily leave the US and then apply for re-entry. In case the overstay has been for more than an year then the penalty is of being barred from entry for up to ten years. Those looking to file for permanent status should seek guidance from an immigration lawyer about the same.

In the part -2, we will look at some more aspects when it comes to the rules and aspects of overstaying a visa.