Penalty for Beaching Immigration Norms by Overstaying US Visa
Immigration
is a dream of hundreds of Indian professionals. Its evidences are 85,000 H1B visa applications for job-opportunity in the US
every year. You can imagine now how many people give immigration a shot to
carve their career. But their visa has certain limit. This article gives voice
to the consequences of overstaying a visa in the US.
Let’s begin it with the definition of ‘overstaying visa’.
What is a visa
overstaying or overstaying visa?
Overstaying implies exceeding the authorized residency
period. If an immigrant exceeds the limit of his/her stay as mentioned in the
I-94 record, it is known as visa overstay. The Customs Border Protection
Officer states the date of visa expiry on the I-94 form while entering the US
territory.
If the immigrant applies for the change of status or files a
petition for the extension of status application while holding expired visa, USCIS
norms compel the officers to let down this request.
The expat has to file for visa extension before its expiry
date. If he/she delays the application for extension, he/she would be
penalized. The visa overstay is assumed as law-breaching. Therefore, it becomes
a punishable offence.
The foreign affair ministry of Trump
administration has been creating a robust environment for the immigrants. They
have started taking this breaching of immigration rule as dead serious offence
in the recent years. Therefore, the expats must be extra-conscious and aware
regarding the severe consequences of overstaying visa.
What are the severe
consequences of overstaying visa in the US?
1. Entry
Prohibited: It’s
unlawful to live with expired visa in the US. If the expat fails to provide any
valid reason for the delay in visa renewal, he may be evaded. The rule of ‘no
entry in the US for 3 or 10 years’ would be applicable over such immigrant.
- When to face off 3 years of ban: The
expat would be liable to undergo 3 years of exile from the US if he/she fails
to renew the visa & overstays. He or she would have 180 days for getting
extension. But if anyhow it does not happen within 180 days but less than one
year & leave, his/her entry would be prohibited for 3 years.
- When to face off 10 years of ban: When the immigrant exceeds his/her stay in the US for more than one year after the visa expiry, he/she would have to stop dreaming about the US visit for 10 years. The immigration rules of the most powerful nation will disallow his/her entry for 10 years.
On the flip side, if he/she applies for extension of stay before expiry date, his/her application for change in status (from non-immigrant to immigrant) can be considered until the decision from officials is pending.
3. Automatically void the visa: Accrual of the immigrant’s unlawful presence automates visa voidance. It means that the visa would automatically be invalid if his/her stay exceeds the authorized date.
4. Only extra-ordinary circumstances can be attended: That immigrant can get it again only when he/she procures non-immigrant visa from the country of his/her nationality. In other words, the expat is left with one life line. He/she can fly down to his/her nation. Apply for a new visa there. The US consulate will not entertain any request of visa while being in the US (If it is made by the immigrant who is staying unlawfully).
But if the reason of non-renewal is genuine, he/she can apply at the consulate of any third nation. It’s indeed a silver lining for that expat. It infers that the person should not be the national of that country. But the person should have valid or strong reason for doing so.
How to waive off ban:
- For non-immigrants: Non-immigrants
are those OCIs who live outside the US but can visit US. The US immigration law
has no such provision of imposing 3 or 10 years ban upon non-immigrants.
This means that such persons can apply for a general waiver
under Section 212 (d)(3) if their visa is expired. They need not deport and
apply a fresh application in their nation as they generally do while getting
& showcasing required documents of OCI card online. They can enjoy the
leverage in visa renewal.
- For
immigrants: Immigrants
are those OCIs who live permanently in the US. The relatives, including son,
daughter & wife, come under waiver. It helps them to get rid of 3 years or
10 years of ban as told above.
This
can happen only when the immigrant would showcase that the spouse or parents in
the US will undergo ‘extreme hardship’ if he/she is deported & banned.
Tips to avoid overstaying in the USA:
- Watch out for the expiry date: Since the I-94 record card stays
with the immigrant, he/she has to keep its soft copy always. It is delivered
when the OCI enters the US.
- Get
legal stamp on the immigration documents:
The
expat should have stamped passport, boarding pass and airline ticket of the US.
These documents can be helpful to come out of such critical situation.
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