Overstay in the USA

If you have previously been admitted into the US and overstayed beyond the validity of your authorized period of stay, you are not alone. Every year, thousands of immigrants remain in the US illegally.

However, many do not understand the ramifications of their actions as the US does not take kindly to those who are in the country without legal status. You may face immigrants bans and bars to re-entering the country.

If you are approaching the end of your authorized period of stay, consider what this might do to your future immigration goals in the US. Otherwise, if you have already overstayed, you will need special authorization to return to the US once you have exited or been removed.

What happens if you Overstay?

If you overstay in the US, there are four main consequences to this infraction of immigration policy.

Bar from returning to the US for three or ten years, depending on the length of your overstay
You will not be able to extend your status or change your status in the US
It will void your existing visa
You will not be able to obtain a new visa from inside the US and will be forced to return to your home country in order to apply

Bar From Returning

A three year bar may apply if you have overstayed in the US more than 180 days less a year and you leave prior to action being taken in the form of removal proceedings. If you comply within these time frames, only the three year bar would apply, as oppose to the ten year bar.

The ten year bar comes into effect when you have overstayed in the US passed one year and you leave before removal proceedings take effect. The ten year bar would apply for the date of your departure.

Cannot Change your Status or Extend your Stay

Typically, if your status is close to expiring, you have the option to apply to extend your stay or change your status from a non-immigrant to an immigrant, should you qualify. If you submit an application prior to this expiry, you will not face any consequences as you are considered to be in status until a decision is made on this application.

However, if you overstay in the US, past the validity of your visa, you will not be able to make such an application. This is why it is very important that you keep your status up to date.

Current Status becomes Void

USCIS takes overstaying very seriously, this being said, the policy is very clear on the subject. Anyone overstaying by even a small amount of time is considered to have their status in the country void. If this applies to you, you will not be able to get new status from inside the US. You will have no other choice but to exit and apply for new status from outside the US.

Must Return to Your Home Country

If you have overstayed in the US and you wish to obtain new status, you cannot do so from inside the US or another officer more conveniently located closer to the US. You will need to apply from outside the US at the consulate that is designated for your home country. If one such consulate does not exist, the consulate to which you must apply will be decided for you.

What You will Need

If you have overstayed in the US, you are considered inadmissible. This means, like all other inadmissibility issues, you will need a US Waiver to facilitate your re-entry to the US along with whatever other status document you will require as per your intended purpose in the US. Obtaining this waiver would not necessarily mean you avoid the three or ten year bar.

However, if you are the spouse or child of a US Citizen, you may obtain a Waiver to avoid the three or ten year bar if you can demonstrate that your spouse or parents would suffer undue or extenuating hardship should you not be allowed to return to the US. Hardship to you, as the applicant, does not apply for the Waiver.

How We Can Help

When it comes to inadmissibility due to overstay, options are limited and time is a factor. Acting fast and submitting the right kind of application with the right supporting arguments can mean the difference between getting new status in the future or having to wait three or ten years to see your loved ones again. Akrami & Associates understands the importance of such an applicant and will assist you:

Draft the necessary forms;
Draft appropriate supporting documentation like reference letters, personal statements;
Assist you in obtaining necessary documentation to support the suffering or hardship your family would endure should you not be allowed to re-enter;
Compile the strongest possible case as per your unique situation;
Prepare you for submitting at the designated consular section; and
Of course, be with you every step of the way.

For more information on US Waivers and Overstays, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

Overstay F1 visa

Most visitors are given an I-94 card, this card states the authorized period of your stay. You will have to leave the U.S. by the date stated on your I-94 or extend your stay prior to its expiry.

However, F-1 visas are an exception. F-1 visas are given to students and the U.S. government realizes that academic programs may not have fixed dates.

Therefore, the authorized period of stay usually ends when the study program ends. I-94 cards given to students will usually state the annotation “D/S,” which means “duration of status” instead of the exact date.

It may become tricky for some people with an F-1 visa to determine the exact date their visa is expiring. Since the I-94 card may not provide the specific date, but it most cases you, as the student, are authorized until the conclusion of your studies – unless otherwise stated.

If you have overstayed after your study program has ended, you may have to return to your home country, and apply for another status. Your current status may be deemed void, and therefore you may be considered an unlawful presence in the United States.

The consequences of overstaying may be extremely harsh.

If you have overstayed and allowed yourself to fall out of status, act quickly. Having the right experts is extremely important in such situations. We are here to help you and will guide you through the entire process.

We have years of experience in such situations and will apply our in depth knowledge towards getting the results you need. You can contact us and our team of professionals will be happy to assist you.

How Can We Help If You Have Been Denied Entry?

If you have overstayed your visit, you may face harsh consequences. Overstaying your visit may result in:

You being bared for 3-10 years from entering the United States.
You may not be able to apply for extension or change of status
You may have to return to your home country and apply for status renewal from there
You current status may become void.

Considering the harsh consequences, if you have overstayed your visit, you may have to act quickly. The options for you may be limited, and there may be time constraints.

We can help, as we understand the in situations like these. We have years of experience in the immigration field, and we will be happy to share our expertise with you. We can help:

Draft any required forms;
Compile a strong case that suit your situation;
Help you prepare all the supporting documents; and
Prepare you for any possible submissions and interviews.

We will guide you through the entire process, and be with you at every step of the way. We believe in communicating with our clients and helping them through the whole process. You can contact us and our team of professionals will be happy to assist you.

What happens if I overstay in the U.S.?

You have been admitted into the U.S. but you over stayed your visit, now what happens? It is important that you understand the ramifications of staying in the U.S. illegally. These are the possible consequences of overstaying in the U.S.

You may be bar from returning to the U.S. A three year bar may apply if you have exceeded your visit for more than 180 days, but you leave before any action was taken.
If your status is expiring, you have an option to extend you stay or change your status. However, if you overstay after your status expires, and do not file for renewal before the expiration, then you may not be able to make a renewal application.
Your current status may become void if you overstay for a short period. You may have to exist U.S and apply for a new status.
You may have to return to your home country, if you have overstayed. You may not be able to apply for a new status from within or nearby U.S.
You may be considered inadmissible, and you may need U.S. Waiver to re-enter from Canada

As you may see, the consequences of overstaying your visit can be harsh. Therefore, you need to careful, and understand the terms of your status.

It is important that you act fast and submit the correct application, if you have been deemed inadmissible. If you are facing inadmissibility issues, contact us, and we will help you sort out your next steps.

Overstay I-94

An I-94 is an Arrival and Departure record; it may be on paper or electronic. This is usually issued by a Customs and Border Protection (CBP) officer. These are typically issued by customs officers to visitors entering the US.

If the I-94 is electronic, the foreign visitor will be given an annotated stamp on their passport. If the I-94 is in paper form, the CBP officer will attach it to the passport. The stamp will provide a date, and the visitor must exist before or on the date stamped on the passport.

I-94 basically sets out the time line for your stay, and it is important that you abide by the terms of your stay. Consequences of overstaying may be extremely harsh, and may result in a ban from the country for up to 10 years.

Consequence depends on specific circumstances, like:

How long you overstayed;
Did you apply for an extension;
Why did you over stay; and
The type of visa or authorization you received while in the U.S.

In most circumstance, however, the consequences can be severe. Therefore it is important that you understand the terms of your stay, and be aware of the date on the I-94.

If you have overstayed your visit, your options may be limited, and you may be required to take quick action.

We can help find a solution to your problem, as at Akrami & Associates we believe that there is always a way. You can contact us and our team of professional will be happy to assist you.

What Happens if I am an Illegal Immigrant?

The first thing you need to understand is the difference between:

Overstaying,
Being out-of-status, and
Having unlawful presence

Overstaying means that you stayed in the U.S. beyond the date you were authorized to be in the U.S. Overstaying leads to you becoming out-of-status.

Out-of-status means that you have violated the terms of your lawful status. For whichever visa you acquire, there will be a set of terms and conditions that you must meet. Most importantly is how long you are permitted to stay in the U.S. When you have stayed longer than the amount of time permitted, you violated the term and are therefore out-of-status.

Unlawful presence could mean a person who has overstayed their visit and is out-of-status, or those who entered the U.S. without being inspected and permitted entrance. This could be entering the U.S. through an area without a formal port-of-entry.

Differentiating between out-of-status and unlawful presence is important. Unlawful presence will automatically lead to a 3 or 10 year bar from re-entering or applying for a green card for ten years.

For those who are out-of-status, the bar is for three years if you have stayed for more than 180 days but less than one year. After that time frame, a ten year ban is applied.

You may wonder what options you have if this ban has been placed on you. You may be able to petition for a provisional waiver. The provisional waiver, like inadmissibility waivers, will allow you to enter the U.S. again. This being said, the circumstances for this waiver will only be granted under extreme circumstances.

The best way to avoid this situation is to leave when you are supposed to and enter in accordance with the law. The consequences of being an illegal immigrant are severe and may cause unnecessary difficulties in your life.

If you require further assistance or information regarding your situation, contact Akrami & Associates today. With the aid of our experienced legal professionals, we will help find the best possible solution. Call today and book a consultation.