What Is Visa Overstay Forgiveness?
The consequences of an overstay in the United States of America, and if it is “forgiven” by US immigration officers, can range from trivial to disastrous. Overstaying a visa in the United States is punishable by law. The specifics depend on how long you stayed beyond your allowed time limit and what immigration benefit you seek. Nonetheless, there are circumstances in which you can request a waiver or legal forgiveness from the US government, and so acquire a US immigration benefit (such as a green card) notwithstanding your overstay. To learn more, seek help from Vanderwall Immigration today.
What is visa overstay forgiveness?
Overstaying your visa is when you remain in the United States after the “admit until date” specified on your Form I-94 (also known as the “Arrival/Departure Record”). If this happens, you may be able to obtain visa overstay forgiveness by requesting a waiver. To do so, you must prove you have legitimate grounds for remaining.
It is important to note that the visa expiration date does not decide when you must depart the country. While your visa may have a 5-year expiration date, your I-94 may only have a 6-month validity duration. In this instance, you would be obliged to leave the United States within six months of your entrance.
What is Unlawful Presence?
You may be regarded as unlawfully present if you have overstayed your visa. There are two categories of unlawful presence, according to section 212 of the Immigration and Nationality Act (INA):
● Continuing to reside in the United States without first being legally admitted or paroled
● Remaining in the United States over the time limit set by the Department of Homeland Security (DHS)
You must often depart the United States by the “admit until date” specified on your Form I-94. If, on the other hand, you are in the US as part of a program, you may see “D/S” (or duration of status) mentioned as the “admit until date.” You must depart the United States once your course of study, temporary work, or program is completed — or after any applicable grace periods. In this situation, you could start a new program if that option is accessible.
It is vital to understand that if DHS finds you have overstayed your visa, you may start accruing unlawful presence. The US authorities will then start recording how many days you have been in the country illegally. For more information, reach out to an expert today.
