You may have thoroughly enjoyed your experience studying at a United States academic institution thus far, so much so that you may not want it to come to an end. However, as your graduation date slowly approaches, you must make a comprehensive plan for your next steps. This is especially critical if the authorized stay attached to your student visa is also looming over you. Without further ado, please continue reading to learn what happens if you overstay your student visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you remain compliant with federal immigration guidelines.
What is the duration of my student visa status?
First of all, you must understand this is a key difference between your student visa itself and your I-94 Arrival/Departure Record. The former is essentially the legal permission you obtain from a United States embassy or consulate while abroad, which allows you to travel to the country and request entry. The latter is a legal document issued by the U.S. Customs and Border Protection (CBP) at a port of entry, which specifies your legal immigration status as a student and authorized length of stay in the country.
With that being said, many students mistakenly base their duration of stay in the U.S. on their visa’s expiration date, causing them to fall out of legal status and accidentally overstay. In reality, your deadline for departure will be the “admit until” date disclosed on your I-94 Record. Besides this fixed end date, you must continually comply with both your academic institution’s and the Student and Exchange Visitor Information System (SEVIS) requirements, not to mention overarching federal immigration rules, to technically be considered “in status” still.
Are there consequences if I overstay my student visa?
Your overstaying on your student visa may be uncovered through SEVIS reporting, at a border check if you are traveling out or back to the United States, at a visa interview if you are applying to adjust your immigration status, or otherwise. In any which way, your overstay may have immediate impacts, such as jeopardizing your opportunities for on-campus jobs, employment authorization for full-time work, Curricular Practical Training (CPT) or Optional Practical Training (OPT) eligibility, and much more.
In the long term, your overstay becomes part of your permanent immigration record and thereby hinders your eligibility for future student visas, along with all other forms of immigration status in the country (i.e., family-based or employment-based visas). Even more seriously, accruing more than 180 days of an overstay may translate into a three-year ban from the U.S., or 10 years if you were out of legal status for longer than a year. And to initiate this ban, U.S. Immigration and Customs Enforcement (ICE) officers may conduct harsh removal procedures.
For further legal assistance, please hire a skilled work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C. Schedule your initial consultation with us today, and see just how much we can do for you.