Long ago, before the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) was passed in 1996, overstaying a visa or the visa waiver program in the United States would not carry serious ramifications toward future entries into the United States or in Petitioning for a future visa. In fact, there was really no way of keeping track of who was coming, staying or going. Quite simply, overstays were not dealt with as harshly as they are now.
Unfortunately, that’s not the case anymore as the passing of the 1996 immigration reform act made the consequences of an overstay considerably more difficult to overcome. Now, depending on the length of the overstay, a waiver may be required in order to obtain future visa or immigration benefits. With those waivers, one must demonstrate that the applicant’s absence from the United States would create an “extreme hardship” and this burden of proof is very difficult to overcome. This is why it is important to seek the expertise of a qualified immigration attorney or visa lawyer before you decide to overstay a visa or if you have a loved one who has overstayed a visa and they are considering filing for immigration benefits in the United States.
Consequences of Overstaying Your Visa
Perhaps the most damaging consequence of overstaying a visa is being barred from returning to the United States for a period of up to 10 years, as well as deportation or removal, which usually occurs through the immigration court process. The amount of time that you may be barred from the United States may be lessened depending on the extent of the overstay, but it won’t be less than three years if the overstay was between 6 months and one year. If the overstay was less that 6 months, the person will lose their visa and they may not be able to apply for benefits in the United States. For individuals in the country who are here for work or school, these overstays can be detrimental and have long-lasting serious effects.
Additionally, individuals overstaying their visa will have their status changedto “illegal presence,” their chances of work authorization diminish and they will be restricted from further extending their visa. An overstay of any visa, even the visa waiver program, effectively voids out the current visa with no possibility of obtaining another visa except in your country of origin, and if they re-issue the visa it will be after a lengthy process where the applicant would have to prove substantial ties to his/her home country.
Avoid Overstaying
The simplest way to avoid overstaying a visa or the visa waiver program is to leave the country prior to the visa’s expiration. You can find this date on your I-94 form or, currently with our government going paperless, on the CBP website. In addition to this, make sure you retain your airline or travel tickets and that you have your passport stamped by the CBP officer with the date that you entered and must return to your country of entry.
What to Do If You Overstay
In certain cases, there may be steps that can be taken to prevent or counteract the repercussions involved with an overstay. However, you should not approach immigration nor should you apply for any immigration benefits unless you have consulted with an experienced and qualified immigration lawyer. Their legal knowledge and background will be able to advise you as to your consequences and options. A reputable immigration attorney will also be able to assist you in navigating the labyrinth of immigration statutes currently in place.
If you or someone you know would like further assistance in obtaining a visa, or help with an overstay, or if you or someone you know needs representation in an upcoming immigration hearing or pending immigration case before USCIS, please contact the immigration visa lawyers at Goldstein & Scopellite, PC. Goldstein & Scopellite, PC has offices in Dallas and Tucson, Ariz., and their immigration attorneys are experienced and are AILA members who are ILS listed.
Goldstein & Scopellite, PC was established in 2002. For more information, see our local listing in D Magazine.
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