Overstay in the USA

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.

  1. Bar from returning to the US for three or ten years, depending on the length of your overstay
  2. You will not be able to extend your status or change your status in the US
  3. It will void your existing visa
  4. 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.

Visitors entering the U.S. have a certain authorized period of stay. Depending on the type of visa the visitor is entering with, the duration of stay might vary. Once a visitor attempts to enter U.S. they will be provided with an I-94, and the I-94 will state the exact date, before which they may have to exit. There are serious consequences if you over stay without official permission.

You may have to apply for an extension at least 45 days before your visa expires. If you fail to do so, but continue to stay in the U.S. illegally, you may be subjected to serious ramifications as a result. You may:

  • Face a three to ten year bar if you have exceeded your visit for more than 180 days, but you leave before any action was taken.
  • if you overstay after your status expires, and did not file for a 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 exit the U.S and apply for a new status
  • 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.
  • Be considered inadmissible, and you may need U.S. Waiver to re-enter Canada.

The U.S. government takes illegal immigrants extremely seriously, and it important that you abide by the terms of your stay.

There are ways to overcome inadmissibility issues but you should do your best not to find yourself in such situations.

We can help you through the process and guide you in the right direction, you may contact us and our team of professionals will be happy to assist you.

Visitors entering the U.S. have a certain authorized period of stay. Depending on the type of visa the visitor is entering with, the duration of stay might vary. Once a visitor attempts to enter U.S. they will be provided with an I-94, and the I-94 will state the exact date, before which they may have to exit. There are serious consequences if you over stay without official permission.

You may have to apply for an extension at least 45 days before your visa expires. If you fail to do so, but continue to stay in the U.S. illegally, you may be subjected to serious ramifications as a result. You may:

  • Face a three to ten year bar if you have exceeded your visit for more than 180 days, but you leave before any action was taken.
  • if you overstay after your status expires, and did not file for a 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 exit the U.S and apply for a new status
  • 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.
  • Be considered inadmissible, and you may need U.S. Waiver to re-enter Canada.

The U.S. government takes illegal immigrants extremely seriously, and it important that you abide by the terms of your stay.

There are ways to overcome inadmissibility issues but you should do your best not to find yourself in such situations.

We can help you through the process and guide you in the right direction, you may contact us and our team of professionals will be happy to assist you.

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 US.

As you may see the consequences of overstaying your visit are 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. We can help, you can contact us, and our team of professionals will be happy to assist you.

If you entered the U.S. on a work permit or as a visitor, you are expected to leave at the end of your stay. On being admitted entry to the U.S., a condition of your entry is that you agree to leave once your authorized time is up.

There are four consequences to overstaying your time in the U.S. These include,

  1. Being barred from returning to the U.S. for either three or ten years
  2. Being restricted from extending your stay or changing your status
  3. Voiding your visa
  4. Losing your rights to apply at a U.S. Consulate closest to you

Depending upon the length of time you overstayed, you may be barred from the U.S. for three or ten years. If you have overstayed for more than 180 days but less than one year, you will be barred for three years. However, any person who overstays beyond that time will be barred for ten years.

Whereas, before the expiration of your visa, you are permitted to petition to extend your stay or change your status, you may no longer do so.

In terms of your visa, it will be automatically voided. You will not be permitted to enter again until you are approved for a new nonimmigrant visa from their home country.

The final consequence is that you cannot make an application to the closest U.S. Consulate. You will now have to go back to your home country in order to obtain a visa instead of being able to apply at a more closer or convenient U.S. Consulate.

If you wish to overcome your ban from the U.S., at Akrami & Associates, we can help. One of our experienced legal representatives will gladly assist you with your waiver application. Call us today to find out more.

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