What if I Stay Longer than My Visa Permits?
When you arrive at a United States port of entry, a Customs and Border Protection (CBP) officer may attach an I-94 record to your visa. This record should disclose your “admitted-until date” or duration of stay terms and conditions. Essentially, this determines how long you can reside legally in the country. You may be punished by the United States Citizenship and Immigration Services (USCIS), and subsequently have to deal with the United States Immigrations and Customs Enforcement (ICE), if you stay longer than this permitted timeframe, even if just by one day. With that being said, please continue reading to learn what happens if you stay longer than your specific visa permits and how an experienced Lyndhurst deportation and removal defense attorney at the Law Offices of Salvatore A. Falletta, LLC can help you avoid any potentially crippling immigration and legal consequences.
What happens if I stay longer than my United States visa permits?
If the USCIS finds out that you stayed longer than your visa permitted, they may have considered you to have had an unlawful presence in the country. This may be grounds for your inadmissibility back into your country. With this, you may be inadmissible for three years, five years, or indefinitely if your unlawful presence lasted between 180 days to one year, one year or more during one continuous stay, or one year or more during multiple stays, respectively.
Importantly, this consequence may only apply if you have independently left the country before your removal proceedings are finalized. If not, the USCIS may consider you to be in violation of your removal order. This may have them call upon the U.S. ICE, which may physically escort you out of the country. What’s more, you may also be up against fines and criminal charges, depending on the specific circumstances surrounding your case. With this on your record, it may be all the more difficult to obtain a new visa status in the U.S. ever again.
What can I do to extend my stay in the United States legally?
We understand just how much you may have enjoyed your stay in the United States and your unwillingness to return to your home country. But please know that there are better resolutions to extending your stay than remaining unlawfully present. Namely, you may apply for different visa types within 45 days of your “admitted-until date” or duration or stay expires. Such visa types potentially at your disposal read as follows:
- Form I-129, Petition for a Nonimmigrant Worker.
- Form I-539, Application to Extend/Change Nonimmigrant Status.
- Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.
There is no need to remain hesitant when you have a skilled Lyndhurst deportation and removal defense attorney on your side and supporting you. So please inquire with us at the Law Offices of Salvatore A. Falletta, LLC at your earliest possible opportunity.