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How Does a Visitor Visa Overstay Affect Future Immigration?Most U.S. immigrants have family members who come to the U.S. on temporary visas for vacation or to attend school. However, if those family members overstay their required departure date, they could find themselves in trouble with the U.S. Department of Homeland Security. Some visa overstays can render a person legally inadmissible to the U.S. for several years and unable to qualify for an immigration visa, although a waiver of inadmissibility may be possible in some cases. 

How Do I Know If I Overstayed a Visitor or Student Visa?

If you arrive in the U.S. by airplane or ship, a U.S. Customs and Border Protection (CBP) official will stamp your passport with your admission date and required departure date, shown as the “admitted until” date. If you arrive by land, Customs will issue you a paper Form I-94/Arrival/Departure Record showing your required departure date. You can also look up your arrival/departure information online by your passport number, name, and birthdate.

Students with F1 visas will see “D/S” — duration of status — on their passport or I-94 form instead of a date. This means you can stay in the U.S. as long as you remain enrolled as a full-time student in an approved school that has submitted the required documents to Customs. When you graduate or otherwise complete your program of study, you must depart the U.S. within 60 days.

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Posted on in Visas

New Canaan immigration visa enforcement lawyerAccording to a report issued by the U.S. Department of Homeland Security (DHS) in August 2018, more than 700,000 foreign visitors remained in the US beyond their required exit date in fiscal year 2017. This figure represents 1.3% of the 52.7 million individuals who entered the US via an airport or seaport and were expected to depart by September 30, 2017 (excluding land crossings from Canada and Mexico).

DHS defines an overstay as a nonimmigrant who was lawfully admitted to the United States for an authorized period but remained in the U.S. beyond his or her authorized period of admission. When a nonimmigrant arrives in the U.S., their allowed length of stay will be specified on their Form I-94 Arrival/Departure Record.

Overstay Rates Vary Significantly by Country and Type of Visa

Countries participating in the Visa Waiver Program (VWP) had an overall overstay rate of 0.5% compared to 1.9% for non-VWP countries. 

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Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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