The problem of returning to China after illegally staying in the United States

Overstaying in the United States is no longer a problem that can be ignored. Recently, overstaying in the United States with a non-immigrant visa has attracted more and more attention. Many foreigners are not very clear about the provisions of American law on staying in the United States beyond the prescribed time limit. In view of this problem, I would like to introduce the following to readers:

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Before the reform of American immigration law 1996, overstaying will not suffer great consequences. Even if you overstay, you will be deported, considered to be illegally staying in the United States, and still enjoy huge immigration benefits. example

For example, overstayers can still adjust their status after passing a civil fine, and they are eligible to apply for a stay of deportation.

Deportation), voluntary departure, and even re-entry from the United States.

Entry restriction or 10 entry ban for overstayers in the United States after leaving the country.

However, in the reform of 1996, the laws related to overstaying were greatly revised. Foreigners who are usually eligible for greater benefits, such as obtaining a work visa or a professional immigrant visa, are refused because of overstaying in the United States.

Those who overstay, that is, non-immigrants, stay in the United States for more than the time stipulated at the time of entry, or beyond the date of extension of their status.

The consequences of overstaying are:

1. Entry into the United States is prohibited for three years.

Those who overstay in the United States for more than 180 days and less than 1 year will leave the United States before being deported and will be prohibited from entering the country for three years from the date of departure.

2. 10 entry into the United States is prohibited.

Those who overstay in the United States for more than 1 year and leave the United States before being deported are prohibited from entering the country within 10 years from the date of departure.

3. Further affect the application for extension or change of identity, and the identity cannot be adjusted in the United States.

If you stay in the United States for more than the specified time, you cannot apply for an extension of your status or change to other non-immigrant status. In most cases, they are prohibited from adjusting from non-immigrant status to immigrant status.

However, the Immigration Bureau indicated that as long as foreigners submit an application for extension or change of status before their status expires, they will be regarded as legal status until their application is judged, even after the date on I-94.

4. Invalidate the current visa.

The immigration law has very strict regulations on overstaying. Even if they stay in the United States for one day, their visas will be cancelled and they cannot re-enter the country unless they get a new non-immigrant visa in their original country of residence.

You can't apply for a new visa outside your original country of residence.

The new law stipulates that foreigners who overstay must return to their country of nationality to apply for a new visa. For convenience, it is no longer possible to apply for a visa at a consulate near the United States. If foreigners can prove that they are in a different general situation, they can apply for a visa in a third country, but they need to get the consent of the consulate of the third country before making an appointment and submitting a non-immigrant visa application.

Exemption from entry ban for 3 years or 10 years:

1. Non-immigrant

1996' s immigration reform does not include three-year visa exemption or 10' s entry ban. However, the immigration law does not prevent non-immigrants from applying for exemption. Article 2 12(d)(3) stipulates that non-immigrant foreigners may apply for exemption on certain grounds that prohibit entry.

2. Immigration

This exemption does not apply to foreigners whose only child is an American citizen or a permanent resident of the United States. In order to obtain exemption, foreigners must prove that if they are prohibited from returning to the United States, their spouses or parents of American citizens or permanent residents will suffer great difficulties. The great difficulties caused to foreigners themselves cannot be used as a reason for exemption.

Avoid overstaying and its consequences:

1. Check the effective date on I-94.

Unless you formally apply for extension of stay, change of status or adjustment of status before the expiration of your status, you must leave the United States on or before the expiration date of stay approved at the time of entry.

When you leave this country, make sure to take all the documents with you.

When entering another country, stamp your passport, and please keep your ticket and/or boarding pass, and keep your travel itinerary.

From having to obtain a new visa to returning to the United States, and then prohibiting entry in 10, the consequences of overstaying are enormous and severe. So remind everyone: it is definitely not worth taking such a risk in order to stay in the United States for a few more days.

The difference between overstaying, losing identity and illegal residence with an American visa.

Many people don't know what it means to overstay, have no identity or stay illegally in the United States, and what impact it will have on themselves. In this article, I will explain to you:

Before discussing the differences between the three, let's take a look at the meaning of these immigration terms.

Legal stay

Under normal circumstances, when you apply for and obtain an American visa at home or abroad and pass the inspection of immigration officials, you can legally enter the United States. The endorsement on the passport only allows you to seek entry, but it does not guarantee that you will definitely enter the country. Whether or not to enter the country is decided by the immigration officer. When the immigration officer allows you to enter the country, he will give you a "legal status" to determine the effective time of your stay in the United States.

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After crossing the border, you must maintain your legal status. If you submit your application for extension of stay or change of status in time (before the current application expires)

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Status), you will be regarded as legal residence by DHS Department of Homeland Security until USCIS makes a judgment on the application. If the application is rejected, the illegal residence shall be counted from the date when the application is rejected, instead of

From the date when the previous non-immigrant status expires.

Case-legal suspension

Mr. P holds a B-2 visa for multiple entry within 10 years. 65438+ 10 5 entry, I-94 card (that is, entry and exit record card)

(Arrival/DepartureRecord), commonly known as "Little White Card", the effective date of the endorsement is July 5, and there is only a six-month stay period. When the period of stay approaches, he must leave.

Re-enter the country with this visa in the future, or change or extend your status before the expiration of your existing status.

Stay longer than …

Overstaying refers to staying in the United States after the date of endorsement on the I-94 card or the corresponding identity period (D/S). Overstaying is one of the most important (common) reasons for losing one's identity.

Case-overstaying

Mr. P can stay in the United States on a B-2 tourist visa until July 5. After July 5, he must leave the United States and re-enter the country or apply for extension or change of status before the current status expires. Otherwise, if I-94 stays in the United States on the date of endorsement (that is, after July 5), then he is overstaying.

Lost his identity.

Losing your identity means that you have violated some rules of legal identity. Each identity has different rights and can participate in activities. Acts leading to loss of identity include: working without permission, fiance/wife not married to an American citizen who applied for K- 1, students not attending the school that issued I- 120, being accused of committing a felony, etc.

Case-loss of identity

Mr. P has stayed in the United States since he signed the I-94. He didn't apply for an extension or change his identity. He lost his identity because he no longer has any valid identity in America.

Illegal residence

Illegal stay refers to staying in the United States after the expiration of the stay period approved by the immigration prosecutor/customs officer at the time of entry. Illegal residence also includes staying in the United States without inspection and not being allowed to enter or be released on parole.

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If the I-94 card is an undated D/S (identity validity period), then the illegal residence is counted from the date when the immigration bureau determines that the foreigner has violated his identity.

What will cause illegal detention?

1. Enter the United States through the non-designated immigration department. In this case, unless it complies with other laws and regulations and is exempted, aliens who have not been inspected constitute illegal residence from the date of illegal entry.

2. Foreigners who enter the United States on parole, unless otherwise stipulated, will constitute illegal residence from the date of parole expiration.

3. Any foreigner who has obtained permission to enter the United States by making a false statement to the US Immigration Bureau or who has been allowed to enter the United States without inspection shall constitute from the date of his entry into the United States.

4. Staying in the United States after the date indicated on I-94 constitutes illegal residence.

Case-illegal residence

Back to our previous case of Mr. P, it is illegal for Mr. P to remain in the United States after losing his identity. Mr. P's I-94 card expired on July 5, but he left the United States on August 6, which means that he stayed illegally from July 6 to August 6. From the day he lost his identity, it constituted illegal residence.