Can I Fix a Student Visa Overstay?
It happens far too often that foreign students studying in the United States mistake their visa’s expiration date with their I-94 Arrival/Departure Record’s duration of stay. That is, the latter is what indicates the deadline for a student’s lawful presence in the country, and therefore the date by which they must schedule their departure or obtain a new legal status. You must understand that this oversight may be detrimental to your current status and future immigration opportunities if you do not take measures to rectify it straight away. With that being said, please continue reading to learn whether you can fix or reduce the consequences of a student visa overstay and how an experienced Lyndhurst student visa lawyer at the Law Offices of Salvatore A. Falletta can guide you.
What are the consequences of accidentally overstaying my student visa?
Generally speaking, you may be granted a 60-day grace period for your F-1 student visa, or 30 days if you carry an M-1 or J-1. Within this timeframe, you must carefully coordinate your departure from the United States or successfully apply for a new legal status. Otherwise, Immigration and Customs Enforcement (ICE) may flag your unlawful presence and subsequently trigger removal proceedings. With an undesirable outcome, an immigration judge may deem you inadmissible and ban you from re-entry for three to 10 years, depending on the countable days for which you were found to have overstayed. Even after this ban is lifted, your future visa applications may be left tainted in the eyes of a consular officer.
What legal initiatives can fix an accidental student visa overstay?
With the help of your lawyer, you may evaluate your waiver eligibility so that you may avoid being removed from the United States due to your accidental student visa overstay. For one, you may file Form I-601A, which is a provisional waiver specifically for inadmissibility for unlawful presence. The core of this waiver application is to prove that you have a qualifying U.S. citizen or lawful permanent resident relative who would face an extreme hardship if you were not able to stay with them in the country. Notably, you may be able to remain in the U.S. while this waiver is being processed, which may be particularly advantageous for the sake of the loved ones you get to stay with.
But if you especially want to stay put in the U.S. so as not to disrupt your academics, you may sooner petition to get your student visa reinstated. With this application, you must effectively demonstrate that your overstay was accidental, beyond your reasonable control, did not seriously hinder your academic progress (i.e., you are still enrolled or immediately enrolling in a Student and Exchange Visitor Program (SEVP)-certified school), and you did not violate any other immigration rules at this time (i.e., you participated in unauthorized work activity). If all else fails, your lawyer may strategize on a planned departure that still preserves your eligibility for future visas.
For further legal assistance, please hire a skilled Lyndhurt student visa lawyer from the Law Offices of Salvatore A. Falletta. Schedule your initial consultation with us today, and see just how much we can do for you.
