If you carry an F-1 student visa, you may be given a grace period of 60 days to remain in the United States. This extension begins on the date your course of study is officially completed, or when your optional practical training (OPT) program ends. As an M-1 or J-1 student visa holder, you may only be granted 30 days. Even though this may not seem like enough time to figure out your next move, it is in your best interest not to overstay your welcome. With that being said, please follow along to find out whether you can get deported due to an overstay of your student visa duration and how a proficient Baltimore County, Maryland deportation defense lawyer at Sheri Hoidra Law Office, LLC can work to possibly reinstate your status and eliminate legal punishments placed against you.
Can I be deported because of an overstay of my student visa?
The United States Immigration and Customs Enforcement (ICE) may become informed of your overstay through your I-94 Arrival/Departure Record. This is an electronic record and essentially flags if and when you do not exit the country on your “admit until” date. Or, they may get word of this through your educational institution, if they report changes like how you enrolled into a new program, dropped out, got expelled, or failed to maintain your student status in some way.
No matter how they find out, ICE may unfortunately notify the immigration court of your overstay, which may prompt them to send a Notice to Appear and ultimately trigger removal proceedings. If you cannot get relief from the removal or termination of your immigration status, you may conclude your case by voluntarily departing from the country. This may sadly be a better alternative than waiting for an order to be deported by ICE officers.
How can an overstay affect my future U.S. visa applications?
Besides being immediately removed or deported from the United States, an overstay of your student visa may cause serious long-term consequences to your future visa applications. For one, the immigration court may rule that you are inadmissible in the country for a specific timeframe, meaning you cannot receive a new visa or be admitted at a port of entry during this time. Specifically, if your overstay lasted for longer than 180 days, the imposed bar to re-entry may be set at three years. For one year or longer, this ban may last for up to 10 years.
Even after this inadmissibility status is lifted, you may face great difficulty with obtaining immigration status in the U.S. again. This is regardless of whether you apply to get your student visa reinstated or pursue another visa path (i.e., an employment-based or family-based visa). This is because this violation of federal law may remain on your immigration record permanently. And, most unfortunately, a consular officer may hold the unfair assumption that you would intend to stay unlawfully in the country again.
For further legal assistance, please hire a talented Baltimore County, Maryland deportation defense lawyer from Sheri Hoidra Law Office, LLC. Schedule your initial consultation with us today, and see just how much we can do for you.