Your US Visa Application Procedure Questions Answered

Many people obviously have questions to ask concerning United States (US) visa application procedure, including missed dates and overstays?

If you are one, then this post is for you. It does not only contain some key questions, but has provided answers that would be of great assistance.

I overstayed my visa for 10 days in the US. What penalties would I face?

You ‘overstayed’ how?

Did you stay past the date the visa expired? That doesn’t matter since the visa is only permission to request entry.

If you stayed past the maximum date that the admitting CBP officer gave you to leave by, then you should leave immediately.

There are no legal penalties for longer overstays (meaning you can’t be jailed or prosecuted), but you can certainly be deported and/or refused another visa or another entry if you’re spending so many months in the US. If you overstayed long enough, you can be barred from reentry for ten years.

Consequences OF Overstaying Visa In The US

Introduction

Overstaying authorised period of stay in the U.S. (commonly referred to as “Overstaying Visa” or “Visa Overstay”) is no longer overlooked and can result in very serious consequences.

Generally, an individual’s authorized period of stay in the U.S. is determined by the date issued by a Customs Border Protection officer on the I-94 record on entry into the U.S., or the date the individual’s status expires as determined by USCIS on a Change of Status or Extension of Status application.

Writeup on US visa application procedure would not be compete without a focus on the issue of overstaying.

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In fact, the issue of overstaying a visa in the U.S. while on a nonimmigrant visa has been receiving serious attention in recent years. Some of the consequences of overstaying your visa status are:

1. Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”.
2. Visa overstays may be restricted from applying for Extension of Stay or Change of Status.

• Visa overstays will have their existing visa automatically revoked or cancelled.

1. Visa overstays are generally unable to obtain a new visa except in their country of nationality.
2. Visa overstays may not be able to Adjust Status in the U.S. even if otherwise eligible.

The consequences and penalties for overstaying your visa in USA may be considered as below:

1. Inadmissibility As A Consequence of Overstaying Visa

Overstaying the period of authorized stay may result in the accrual of “unlawful presence.” After accruing sufficient unlawful presence, you may be barred from re-entering the U.S. for up to 10 years.

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a.The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.

b.The Ten Year Bar: Persons who overstay in the U.S. for more than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure. Before US visa application procedure, another thing of importance is:

2. Bar To Change Status And Extend Stay As A Consequence of Overstaying Visa

Persons who remain in the US after their authorized period of stay are generally not able to extend their stay in the U.S. or change their status to another nonimmigrant status.

In most cases they are also barred from adjusting their status from nonimmigrant to immigrant.

DID YOU KNOW

As long as a foreign national files a nonfrivolous application for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is made after the date on the I-94 expires.

3. Visa Voidance As A Consequence of Overstaying Visa

When a foreign national overstays their authorized period of stay, the visa stamped in the passport by the U.S. Consulate is automatically voided. U.S. immigration laws are very strict in its interpretation and application of this provision – overstaying in the U.S. by even a day will void your existing visa.

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IMPORTANT

A foreign national who has overstayed visa may not be readmitted unless they have obtained a new nonimmigrant visa in their country of nationality.

4. No Consulate Shopping As A Consequence of Overstaying Visa

Any foreign national who has stayed beyond his period of authorized stay in the U.S. must return to his country of nationality to obtain a new visa. You may no longer apply at a Consulate that is ‘more convenient’ or closer to the US.

There is a narrow exception to this rule. If the foreign national can show that ‘extraordinary circumstances’ exist, they may be allowed to apply for a visa at a Consulate in a third country, i.e., a country that is not their country of nationality. Any person wanting to take advantage of the ‘extraordinary circumstances’ exception must receive the consent of the third country Consulate before making an appointment and submitting a nonimmigrant visa application.

-Adapted from Quora