Immigration wants to deny my case, because I lied about my marital status, what do i do?
As a foreign national studying in the United States, it is crucial that you understand what to do if you overstay your student visa. Continue reading for more information about the consequences and your options. Reach out to an experienced temporary visa immigration lawyer in New York City to discuss your situation today.
A student visa allows foreign nationals to study in the United States. The two main types are the F-1 visa for academic and language programs, and the M-1 visa for vocational or non-academic programs. The purpose of these visas is to pursue full-time education at an accredited institution, not for immigration-related purposes.
Unlike many other visa types, F-1 and M-1 holders are generally admitted for “Duration of Status” (D/S). This means your legal stay isn’t based on a fixed date stamped in your passport, but rather on the time it takes to complete your program. There is usually an additional grace period of 30 or 60 days to prepare to leave the U.S. or change your status. Remaining in the country past this approved period is considered overstaying.
Overstaying your student visa, even unintentionally, can result in serious immigration consequences. If you remain in the U.S. beyond your authorized period of study or violate your student status, you may lose lawful status. In some cases, this can also result in your visa being voided and may cause unlawful presence to begin.
One of the most severe penalties for overstaying involves future bars from reentering the United States. Accruing more than 180 days of unlawful presence may trigger a three-year ban from returning once you leave the country, and over one year can lead to a ten-year ban. Remaining in the U.S. without lawful status may render you ineligible to adjust status within the country and increase the risk of being placed into removal proceedings.
If you have overstayed your student visa, the first thing you should do is consult with an experienced immigration attorney. Your lawyer can examine your situation, determine if you are accruing unlawful presence, and advise on the best course of action to protect your rights.
Depending on the length of your overstay and your circumstances, an attorney may recommend one of several options. If you have a pending petition for a change of status, your situation may be less severe. In many cases, leaving the U.S. before accruing 180 days of unlawful presence may help you avoid triggering the three-year or ten-year re-entry bars. However, the date unlawful presence begins can vary based on your history, so it is important to speak with an attorney before making any travel decisions.
In some cases, if you qualify for an exceptional circumstance, you might be able to apply for reinstatement of status. However, this is only possible if your violation was unintentional or beyond your control and you are still enrolled or able to continue studying.
Your attorney can help you explore all available options. Reach out to a skilled legal professional for more information today.
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