Timeline for What are the penalties for overstaying in USA?
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12 events
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| Jun 23, 2019 at 14:33 | comment | added | Harper - Reinstate Monica | @NotThatGuy that is a good point. IME 90% of the practice of law is actually reading the law/facts, and that is where most amateurs go wrong. Lawyers are just better at knowing what all needs reading. So yeah, first stop actually read your visa and see what it says. phoog those conditions should be part of the visa, if not stated briefly in the stamp, in the law/code associated with that visa. | |
| Jun 23, 2019 at 14:18 | comment | added | phoog | @NotThatGuy maybe, maybe not. In addition to the granted period of admission, one is required to "maintain status," so for example someone admitted for 2 years on a work visa cannot quit their job after a week and remain in the US for the rest of the 2 years. In most cases it won't be necessary to consult a lawyer, but in some cases it might. | |
| Jun 23, 2019 at 9:28 | comment | added | NotThatGuy | @phoog Based on your link, it seems how long they're allowed to stay is given through the "admitted-until date" on an admission stamp or form. If that's available, one presumably doesn't need an attorney to tell whether you overstayed @ Harper. | |
| Jun 22, 2019 at 4:28 | comment | added | phoog | @NotThatGuy indeed it doesn't. Here is what the US government has to say about it: travel.state.gov/content/travel/en/us-visas/…. The permission to stay in the US is given by the immigration officer at the border, and the duration of the granted period of admission has nothing to do with the visa expiration date. | |
| Jun 22, 2019 at 2:20 | comment | added | Andrew Lazarus | Something of a Catch-22, Britain would not require a transit visa if his status in the USA was lawful. I suspect the OP would get away with this, because the British border guards will have no way to know the OP fell out of status on a work visa. (Now, if the OP had a B-1/B-2 visa, that would apparently be long-expired.) | |
| Jun 21, 2019 at 23:33 | comment | added | Harper - Reinstate Monica | @phoog fixed.... | |
| Jun 21, 2019 at 23:31 | history | edited | Harper - Reinstate Monica | CC BY-SA 4.0 |
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| Jun 21, 2019 at 16:09 | comment | added | simon at rcl | The period on a Visa is the period that the Visa authorises you to present yourself at the border. At the Border the Border Agent will allow (or not!) a period of stay, writing it in the passport. All the Visa allows is you arriving at the Border. Anything after that is up to the Agent. | |
| Jun 21, 2019 at 15:42 | comment | added | NotThatGuy | "The visa expiring doesn't necessarily mean overstay" - it doesn't? This seems like pretty much the exact dictionary definition of "overstay". Can you expand on this or back this claim? (Of course one can have permission to stay past visa expiration, but a necessary condition of this is to actually contact someone to get permission, which may leave it a bit unclear whether you've legally overstayed, but I'm sure this would've been mentioned had this happened) | |
| Jun 21, 2019 at 15:31 | comment | added | phoog | "If CBP catches him, his next stop will definitely be India": the US would probably allow voluntary departure. If they catch him when he's on his way to Romania, for example (they do do spot checks), they're not likely to detain him and fly him at their own expense to India. Even if they catch him somewhere else, they're not likely to detain him for the months it will take to get him in front of an immigration judge in the face of his stated desire to leave the country. | |
| Jun 20, 2019 at 19:38 | history | edited | Willeke♦ | CC BY-SA 4.0 |
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| Jun 20, 2019 at 18:40 | history | answered | Harper - Reinstate Monica | CC BY-SA 4.0 |