Have I Overstayed My Visa? Upon entry to the U.S. with a temporary visa, you receive an Arrival-Departure Record Card (Form I-94), on which an immigration inspector notes the length of time you are allowed to stay. If you remain in the U.S. past that date, you have overstayed your visa. Is Overstaying The Same As Being Out-Of-Status?If you reside in the U.S. for longer than authorized, you are overstaying your visa and also violating your status. However, it is possible to be out-of-status without overstaying your visa. For example, if you are holding a F-1 student visa and working without authorization, you are out-of-status and no longer receive any visa benefits. Can I Renew My Visa After Overstaying?In some situations, it is possible to stay legally in the U.S. by acting within a given grace period. However, when overstaying occurs and status is violated, you generally face many legal obstacles. What Are The Consequences of Overstaying? Numerous penalties arise when you overstay your visa. Problems associated with such an abuse include: - Your current visa stamp becomes void;
- The U.S. Department of Homeland Security may declare you unlawfully present; and
- Serious difficulties may develop if you attempt to obtain a U.S. visa in the future.
Do I Need An Immigration Lawyer?One way to avoid problems relating to a visa overstay is to evaluate your options before the violation occurs. An immigration lawyer can discuss with you the steps required to remain in the U.S. legally, and if you have overstayed your visa, the alternatives you may consider. |
