|Type of Problem
||How does it happen?
||What are the penalties?
|Out of Status
(Violation of status)
- Staying beyond expiration of I-94 card (if not admitted for Duration of Status, aka D/S)
- Enrolled for less than full time
- Not enrolled at all
- Unauthorized employment
- Not engaging in activity for which admitted
- Not processing transfer on time
- Not processing change of program on time
- Staying beyond expiration of I-20 while still enrolled
- Not processing J-1 extension on time
- Staying beyond F or J grace period
- Staying after employment ends (H, O, TN)
- Other violations
- Should leave the U.S. (or apply for reinstatement if available)
- May not be employed (even on campus)
- May not be granted any immigration benefits, such as OPT, extension, transfer, etc.
- May not change status in the U.S.
- May never adjust to permanent residence in the U.S. unless married to a U.S. citizen (some other exceptions may also apply)
(3/10 Year Bar)
Note: A person with a date-specific I-94 card, who files a non-frivolous application for extension or change of status, will not accumulate days of unlawful presence after I-94 expiration as long as the application is pending with INS.
- Staying beyond the end of date-specific I-94 card
- If I-94 is date specific, unlawful presence days can also begin if and when an INS judge or adjudicator declares the person in violation of status
- If I-94 is valid for Duration of Status (D/S), unlawful presence begins only if and when an INS judge or adjudicator declares the person in violation of status
Note: No days before April 1, 1997, will be counted. Days are generally not cumulative. Days are counted separately for each visit. Days before age 18 are not counted.
- After 180 days of unlawful presence, the person may not be readmitted to the U.S. for 3 years
- After 365 days of unlawful presence, the person may not be readmitted to the U.S. for 10 years
(Voiding of visa)
- Staying beyond the end of date-specific I-94 if entered with a visa
- If I-94 is date specific, the person can also be an overstay if INS declares him/her in violation of status
- Persons with D/S are considered overstays only if declared unlawfully present by an INS judge or adjudicator
- The visa used to enter the U.S. automatically becomes invalid, even if it appears to be unexpired
- All future visas must be obtained in the country of citizenship or legal permanent residence (some exceptions may apply)
Note: Anyone who is unlawfully present or an overstay is also out of status. All penalties listed for persons out of status will also apply.