Visa overstays are experiencing increased scrutiny. U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) are reviewing immigration records to better limit visa overstays. There are potentially serious consequences for overstaying a visa.
A DHS report on visa overstays found there were approximately 565,155 overstay cases during the 2023 fiscal year. Notably, that only accounts for 1.45% of expected departures for that year. Visa overstays represent a small minority of immigration cases.
Individuals are considered to overstay their visa if they remain in the U.S. after the date listed on their Form I-94.
Visa expiration dates don’t determine when a person needs to depart the country. What’s written on a person’s I-94 is what the government references. For example, if a person on a three-year visa has an I-94 that only shows validity for 6 months, they’re required to leave the country 6 months after being admitted. If caught overstaying a visa, individuals may be barred from reentering the country depending on the length of time after their status expires in the country. Given the increased levels of scrutiny, any cases of visa overstays will warrant more severe consequences.
There are, however, a few exceptions that keep individuals from accruing days of unlawful presence.
- Applying for asylum.
- Under eighteen years of age.
- Beneficiary of the Family Unity Program.
- Spouse subjected to abuse and have proven a link between the abuse and the unlawful presence.
- Subject to severe human trafficking.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.