2. Introduction Many people are refused US visas each year. But still many others are granted, the most commonly issued visa, a tourist visa. A tourist may be granted up to six (6) months of stay provided they can fund their own travels without working in the US and have a specific destination or itinerary. The six months is determined by their declaration of purpose upon arrival. Any less time is at the Immigration & Customs Officer’s discretion.
3. The I-94 card The I-94 card determines the length of stay, while the visa stamp issued by the US Embassy determines how many entries the individual can make within a given time period before the visa expiry date. If a tourist overstays the date issued on the I-94 card, s/he will suffer certain consequences that will limit his or her ability to change status or return to the US after traveling anywhere outside the United States.
4. i-94 card Continued In the case of a student or F-1 Visa, the I-94 card my state “D/S”, which means “Duration of Status”. If a student fails to attend classes abandoning their studies, takes an unscheduled break from school or under-enrolls, s/he will suffer consequences for the visa violation. Also, if a non-immigrant alien worker in any H or L category fails to work for the sponsoring employer, changes employer without the proper application or notice to DHS/USCIS, is terminated or quits, the same consequences apply.
5. Visa Overstay A visa overstay, that is, an individual with an expired I-94 card in the case of a tourist, or anyone mentioned above, is not generally permitted to change or extend his or her status. The only exception is for students who under-enroll or have an unscheduled break in school attendance if that break or under-enrollment was beyond the student’s control.
6. Overstay remedy In the case of a tourist overstay, generally the only ways to remedy the status is via marriage to a US Citizen being the parent of a US citizen above the age of 21. Visa overstays generally are subject to a three (3) or ten (10) year penalty and may end up in removal proceedings.
7. Visa waiver In the case of a visa waiver entrant, that is a person who is not required to have a visa but who is permitted to the enter the US for up to 90 days at a time, an overstay can result in immediate removal. The condition of a visa waiver entrant is that the entrant waives certain due process rights The only exception to this case is also adjustment of status based on an immediate relative petition.
8. Additional notes Generally, if an individual overstays the I-94 card, even if by one day, the visa issued at the Embassy is null and void. Departure is to occur on or before the date of the I-94 card expiration to avoid this penalty.
