When you obtain a visa to enter the United States, you will have a Form I-94, the Arrival/Departure Record. This document will prove that you entered the country legally and state how long you can remain in the United States. If you do not leave the country by the “admit until” date, you are overstaying your visa and can face several legal consequences. Speak with a temporary visas immigration lawyer in New York City to discuss your situation and learn about your legal rights and options.
What is Unlawful Presence?
Unlawful presence is exactly what it sounds like. It refers to a person being illegally physically present in the United States. You can be considered unlawfully present if you remain in the U.S. without being lawfully admitted or paroled, or if you remain in the U.S. past the time allotted to you by the DHS (Department of Homeland Security).
Each day that you remain in the country unlawfully accrues and the penalties you face will be dependent on how long you stayed illegally.
You can be considered exempt from accruing days of unlawful presence under the following circumstances.
- You are a child under 18 years old
- You are in the process of applying for asylum
- You are a beneficiary of the Family Unity program
- You have submitted a claim under the Violence Against Women Act
- You are the victim of human trafficking
What Are the Consequences of Overstaying a Visa?
You can face various legal repercussions for overstaying your visa. Firstly, your current visa will be automatically revoked or canceled. You may also find yourself unable to obtain a new visa in the U.S. and other countries.
You could be unable to adjust your status in the U.S. even if you are eligible in all other ways. Additionally, depending on how long you stay in the country past your visa expiring, you could be barred from reentering the U.S. Consider the following.
- 180 days to 1 year of unlawful presence: 3-year ground of inadmissibility
- Over 1 year during a single trip: 10-year ground of inadmissibility
- Over 1 year during the course of many trips: Permanent ground of inadmissibility
What is Visa Overstay Forgiveness?
If you overstay your welcome in the United States, you can apply for visa overstay forgiveness by filing Form I-601. This is only an option after being barred from the U.S. under the above-mentioned grounds of inadmissibility. Whether or not you can obtain this waiver depends on your reason for overstaying.
Fill out the form and include evidence proving why you deserve a waiver. Evidence can include affidavits from friends and family, medical records, proof of extreme hardship, and more. Speak with an attorney and navigate to the USCIS website to fill out your Application for Waiver of Grounds of Inadmissibility today.
