You must understand that there are limits to your status as a non-immigrant visa holder, especially for how long you are allowed to remain in the country for tourism, school, or work. You may assume it is harmless to book your flight out of the U.S. a few days after this imposed deadline, for convenience purposes, financial reasons, or otherwise. However, exceeding this allotted timeframe by even one day is reason enough for you to be inflicted with serious, long-term immigration consequences. With all that put into consideration, please follow along to find out what happens if you overstay your welcome in the U.S. and how a proficient Baltimore County, Maryland deportation defense lawyer at Sheri Hoidra Law Office, LLC, can help maintain your legal presence in the country before it is too late.
How long do I have to stay in the United States?
Your authorized period of stay in the United States may depend on the exact non-immigrant visa you carry. For example, for a visitor visa, you are typically granted up to six months. As for a student visa, you may stay until you finish your studies or your optional practical training. Lastly, for a work authorization permit, you may remain until your employment termination date arrives. But ultimately, a Customs and Border Patrol (CBP) officer at a U.S. port of entry may decide on your official authorized stay date. They may disclose this date on your Form I-94, Arrival/Departure Record.
What happens if I overstay my welcome in the U.S.?
Depending on your non-immigrant visa type, you may be given a grace period after your authorized stay date, usually up to 60 days. But if you still fail to make arrangements to exit the United States after this extra time, you may get in serious trouble with immigration authorities. That is, if you accrued between 180 days and one year of an unlawful presence, but you exit before facing a removal proceeding, you may be inflicted with a three-year ban from re-entering the country. For more than one year of an unlawful presence during a continuous trip, with an exit before removal, you may face a 10-year ban. Lastly, for more than one year of being unlawfully present across several trips, with an exit from the country, a permanent ban may result.
What circumstances might lessen my accrued days of overstaying?
Overstaying your welcome in the United States may be completely unintentional on your part. But you must prove to the immigration authorities that you qualify for an exemption. You may lessen your accrued days of having an unlawful presence if, at the time, you were applying for asylum in the country, for example. Or, if you were a child younger than 18, a beneficiary of the Family Unity program, a spouse who submitted a claim under the Violence Against Women Act (VAWA), or a victim of severe human trafficking. Otherwise, you may apply for overstay forgiveness through Form I-601, Application for Waiver of Grounds of Inadmissibility.
Before you find yourself in an even worse position, you must retain legal representation from Sheri Hoidra Law Office, LLC. A talented Baltimore County, Maryland immigration lawyer from our law firm will guide you on what to do.