By Kristina Gasson. I'm from Ireland and I visited the U. There's good news and bad news. The bad news: Because you stayed past the date authorized by the Department of Homeland Security, you will be ineligible for the Visa Waiver Program VWP and might have a more difficult time obtaining a visa to enter the United States in the future.
This means that if you want to vacation in the United States again, you will have to apply for a B-2 tourist visa and pay the applicable fees at the U. In preparing your application, you will need to provide plenty of evidence to prove your "nonimmigrant intent" that you intend to return to Ireland and that you can afford your trip to the U. You can also expect further questioning at the U. The good news? You will not be subject to a time bar on reentering the U. Make sure that you have proof of your date of departure passport stamp or plane ticket, for example in order to prove that your brief overstay shouldn't trigger a time bar.
For more information on how spending time in the U. People who travel to the U. For instance, there is no way to extend a U.
That means your overstay begins when you stop studying or complying with the terms of your visa. However, whether that overstay makes you inadmissible in the future depends on whether you actually accrued "unlawful presence," a separate legal definition.
Students do not accrue unlawful presence until and unless an immigration official or judge has deemed them unlawfully present. Even if you have stayed past the permitted departure date on your visa by one day—assuming you didn't file for a change or extension of status before the departure date—the visa will be automatically voided and cancelled. What's more, you won't be able to apply for a new visa at any consulate outside of your home country. There is no waiver or forgiveness for this.
But if you did, in fact, file for a change or extension of status before the departure date, and that is eventually granted, none of your overstay will count against you. But if your request is ultimately denied, you're out of luck—all time past the date you were supposed to depart will count against you.
If your overstay in the United States was for less than six months days , then you are not legally inadmissible in the future. You can be granted another visa, or even a U. However, if you are applying for a temporary nonimmigrant visa, and it's one of the many that requires you to convince the U. You may face severe penalties for overstaying a U. We're assuming that during of your overstay, you were simultaneously accruing what's known as "unlawful presence.
The key here is to understand that these consequences apply only if you depart the United States and attempt to return. In a few rare instances, people eligible for green cards can avoid these penalties by adjusting status within the U.
However, you might not have a choice about whether to adjust status. Only limited categories of people are eligible to use this procedure. For example, people who entered the U. Such people would, despite being technically eligible for a green card, have to apply for it through a U. You won't accrue unlawful presence for purposes of the three- and ten-year time bars described above if and when you:. If you're not in one of these categories, it's likely that your unlawful presence and overstay can be held against you.
Many visa waiver recipients are not aware that they must depart after 90 days. They cannot extend their period of stay unless they get married to a U. If someone on a visa waiver program overstays their day period, they will be removed. Overstaying your visa waiver has serious consequences. While visa holders who overstay their time in the United States are permitted a hearing, this is not the case for those in the visa waiver program who must depart immediately in most cases.
VWP participants cannot extend their stay or change their status to another category. In some cases, people who have overstayed file for adjustment of status through marriage. At this point, U. If you find yourself in this situation, an immigration attorney can help. The visa waiver recipient may be allowed to stay in the United States due to prosecutorial discretion.
This is a procedure that allows an immigration officer to cancel the removal proceedings because the immigrant has a pending adjustment of status petition filed with USCIS.
The removal may be canceled if an immigrant has a pending adjustment of status petition filed with USCIS before the detention.
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