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There are many reasons why you may need to obtain a nonimmigrant visa to come to the United States.  However, nonimmigrant visas are only temporary, and you must leave the country by a certain date.  There can be serious consequences if you stay beyond the period you’re authorized to remain in the U.S.

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An Overview of Nonimmigrant Visas

A nonimmigrant visa is an official document granted by the U.S. government that allows citizens of other countries to visit the United States for limited duration.  To enter the U.S. temporarily, one will need to apply for and obtain a visa.  When you apply, you will need to explain the purpose of your visit, as the type of visa you can obtain depends on your reason for coming to the U.S.  Nonimmigrant visas are available due to work, tourism, schooling, medical treatment, or business reasons.  Common types of non-immigrant visas include:

  • B Visas: B-1 or B-2
  • E Visas- E-1 or E-2
  • F-1 Visa
  • HB-1 Visa
  • L Visas: L- 1A or  L-1B
  • 0 Visas

Understand How Long Your Visa Allows You to Stay in the United States

Once you successfully obtain your visa, you must know exactly how long you will be allowed to stay in the U.S.  The I-94 Form will tell you your authorized period of stay.  You must depart the country after this date.  This date is not to be confused with the Visa’s expiration date, however, which refers to the last date you can use the visa to enter the U.S.  Your visa’s expiration date will be on the visa stamp printed on your passport.  

man fills out documents to obtain a visa

What Happens if You Overstay a Nonimmigrant Visa?

It’s crucial to adhere to your nonimmigrant visa’s authorized period of stay. Many legal and immigration issues will arise if you overstay your visa.  These can have serious consequences that can have lasting effects beyond your temporary visit.  The severity of consequences of a visa overstay will depend on several factors, including the length of time elapsed.  

Once you overstay your nonimmigrant visa, your legal status in the United States becomes invalid.  Therefore, the U.S. Immigration and Customs Enforcement (ICE) agency has the authority to start removal proceedings against you.  This is the federal government’s process to deport.  You will then be given a hearing before an immigration judge.  Going before immigration court can be very stressful, especially if you are not familiar with the U.S. legal system.  As such, it is crucial to immediately seek advice from an immigration attorney with experience in dealing with visa overstays.  

Furthermore, overstaying a visa can have long term consequences if you ever want reentry to America.  With an overstay on your immigration record, it may negatively impact your chance to obtain a visa in the future.  Worse yet, you could even get banned on re-entry to the U.S. for several years.  

Seek Legal Help From a U.S. Immigration Lawyer 

Whether you are just starting to apply for a visa, or you are wondering about the status of a visa you are on, aways seek advice from a knowledgeable immigration lawyer.  Based on your situation, there could be legal options available to help you.  For instance, if you are in the United States on a nonimmigrant visa and find that you need to stay longer than your visa allows for, then you could possibly apply for an extension of your visa.  If you have already overstayed your visa due to an exceptional circumstance, you may be able to apply for waiver of unlawful presence. A lawyer will be able to see what your options are.

CoxEsq, PC Offer’s Legal Solutions Tailored to Your Nonimmigrant Visa Needs

If you need help with a nonimmigrant visa, the legal team at CoxEsq, PC  is prepared to offer the guidance you need for your unique situation.  While based in St. Louis, Missouri, we proudly serve clients around the world in all areas of immigration law.  If you have questions regarding a nonimmigrant visa, contact CoxEsq, PC  today to schedule a consultation with an immigration lawyer.