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Overstay
How Does it Happen?
- Staying beyond end of date-specific I-94 if entered with a visa.
- If I-94 is date specific, person can also be subject to 222(g) if the Department of Homeland Security (DHS) officially declares him/her in violation of status.
- Persons with D/S are subject to 222(g) only if declared unlawfully present by a DHS judge or denied immigration benefit based on illegal status.
What Are the Penalties?
- The visa used to enter the U.S. is automatically invalid, even if it appears to be un-expired.
- All future visas must be obtained in the country of citizenship (or legal permanent residence) [There are some exceptions]
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