What Are the Consequences of Overstaying a Visa?

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Your authorized period to stay in the United States may come to an end quicker than you initially anticipated. With this, you must have a concrete plan for what your next move is going to be. In other words, you must make a concerted effort to not remain in the country illegally. Continue reading to learn the consequences of overstaying a visa in the United States and how an experienced I601A waiver lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you figure out how to legally stay.

What are the consequences of overstaying a visa in the United States?

First of all, you must make note of the authorized period of stay that was issued to you by a Customs Border Protection officer on your I-94 record. Or, you may have to reference the date on which your status expires that was determined by the United States Citizenship and Immigration Services within your Change of Status or Extension of Stay application. From here, you cannot be unlawfully present in the country for more than 180 days after this established deadline.

This is because, if you disregard this date, you may be facing serious consequences. Just some examples of how you may be punished for overstaying your nonimmigrant visa in the United States are as follows:

  • You may be barred from returning to the United States for anywhere between three to 10 years, depending on how long you had an unlawful presence in the country.
  • You may be barred from applying for an Adjustment of Status in the United States indefinitely, even if you are otherwise eligible for it.
  • You may be barred from applying for an Extension of Stay in the United States indefinitely.
  • You may be barred from applying for a new visa anywhere besides your country of nationality.
  • You may have your existing visa revoked or canceled automatically.

What should I do if I wish to remain in the United States?

We understand just how eager you may be to become a permanent resident of the United States. But it is crucial that you go through the right procedures to legally remain in the country. More specifically, you must apply for permanent residency from outside of the United States at a consulate.

However, say that, for instance, the damage has already been done and you have had a three- to 10-year bar inflicted onto you. This is when you may apply for the 601-A waiver, which is essentially an application to waive the grounds of your inadmissibility.

If extending your stay in the United States is something that you are interested in, then you must retain the services of one of the skilled Wisconsin immigration attorneys from Sesini Law Group, S.C. today. We await sitting down with you at your initial consultation.

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