How overseas citizens extend their visas, and the likely penalties of overstaying, & how can you assure that you’re allowed to revisit America post the overstay of your visa.
What’s the key immigration problem?
The B-2 visa –tourist visa lets overseas nationals to visit America to be involved in regular tourism activities, like visiting a family, paying a visit to Disney World, White House, or the Grand Canyon. Each year, foreign nationals in millions enter America by way of tourist visas, & the majority of them face little difficulties to exit or to re-enter the US.
But, in several instances, the overseas nationals remain in America more than the time of legal stay. It’s termed as “overstaying.”
The following article elucidates how overseas citizens overstay, the likely penalties of overstaying, & how can you assure that you’re allowed to revisit America post the overstay of your visa.
How Can I Evade Overstaying My Allowable Period on American Visa?
The main reason why the majority of people extend their stay is since they don’t know the distinction between Form I-94 & a visa & end up extending their illegal stay unintentionally.
A document that provides you authorization to seek admission into the United States, is what a Visa is. Your visa could be effective for numerous years.
For instance, if you’re an Indian, the B-2 visa usually is valid for 10 years. But, the visa doesn’t administer your lawful stay in America; it simply permits you to arrive in the US during that particular time period. Therefore, a visa that is binding for 10 years will NOT permit you to live in America for 10 years. On the contrary, the Form titled I-94 rules your legal stay in America.
Until 2013, April all the non-immigrant tourist to America was issued a paper I-94 card. Border officials who process the documents as you enter will provide you an I-94 card, wherein he/she shall mention an obligatory departure date. Post-April 2013, many American visitors won’t receive the paper I-94, but in its place will require to access the I-94 from Customs & Border Protection internet website.
The specific date mentioned on Form I-94 shall be the final day that you’re allowed to be in America., & it won’t even be lawful as much as the visa is. Then, you should depart America at the date mentioned on the Form I-94, else you would’ve overstayed.
For instance, let us suppose that you’re an Indian citizen and you possess the B-2 visa which is effective from 2015 April 1, through to May 31 of 2025. You are willing to go to America to pay a visit to Disney World. After which you will enter America in 2019, April 5. The Form I-94 mentions that your status of visa is B1/2 & that your standing expires as of 2019, October 4. You shall exit the USA by 2019, October 4 or you’ll be well-thought-out as overstaying.
What Will Happen If I Overstayed Already?
Overstaying your allowable period in U.S.A could be a major issue. If you extend your stay by more than 180 days (but fewer than 1 year) after when you leave America you’ll be banned from re-entering for 3 years. In case you extend your stay by 1 year and more than that after you leave America, you’ll be banned from re-entering U.S.A for 10 years.
Nevertheless, if you happen to overstay for fewer than a period of 180 days, exiting America shall not generate any bans for re-entry. But the subsequent time that you try re-entering America the border official would have the ability to check that you have overstayed on your visa for your former stay.
Border officials constantly have the option to not permit you entry to the U.S. But, if you had overstayed by 2 weeks or just a few days, the official will sometimes allow you in. However, if you have overstayed for many months or around 180 days, it’s likely the official may assume that you plot to overstay once more, & won’t let you.
Overstaying your allowable period on an American visa can endanger your capability to arrive in U.S.A in the future. When you are in this condition, it’s extremely suggested that you get into contact with a migration lawyer who will assist you.