Foreign nationals granted permission to work in the United States through a visa should be wary of the consequences they can potentially face for disregarding their visa’s time restrictions. Penalties vary based on the length of time that one remains in the US while labeled as “out of status,” a title placed on foreign nationals who have overstayed their visas. It is essential for people who are only able to work with proper authorization thoroughly review their I-94 form to know the designated time they are permitted in the US, and what steps to take to extend authorization and prevent penalties.
Penalties for Overstaying Your Visa
Penalties for overstaying a temporary work visa greatly vary among offenders, however, those who remain out-of-status can expect reacquiring authorization to be more difficult in the future.
Individuals who overstay for only a day or two can expect their visa to be voided, and acquiring a new nonimmigrant visa from their country of origin may be their only option for re-admittance.
Workers who remain out-of-status for more than 180 days can face a three-year bar, effectively banning them from entering the country for three years starting from the day of their departure.
Offenders remaining out-of-status for more than one year, with the addition of disregarding formal removal proceedings, can expect a ten-year bar from entering the country.
Consult a Legal Expert
For those who are in the United States with expired authorization, it is highly advised to consult an immigration attorney to understand their options and the actions they can take to reduce their penalties. An attorney can help unauthorized nationals take advantage of certain exceptions that can apply to them, such as waivers for bar penalties or appeals that will enable them to validate a new visa through third country consular processing. Ultimately, legal representation can aid those who can sufficiently prove they have maintained lawful status, or at least find alternative solutions to harsh penalties.
Find an immigration lawyer in San Diego who can provide the help you need by reaching out to KS Visa Law at (858) 874-0711. We provide free immigration consultations and can help you understand and file the necessary paperwork to remain in the U.S. legally. Call today.
