What are the consequences of overstaying an American student visa?

1. What is overstaying in the United States?

In one case, students are not officially registered for courses, and in another case, students are expelled from school because their grades are not up to standard or they violate school discipline. The emergence of these two situations means that students' I-20 is invalid and students do not have the status of international students. The student must leave the United States within the time limit, or find a new school to accept him, otherwise it will constitute overstaying.

Second, the consequences of overstaying in the United States.

1. Once you leave the country in the future, if your overstay exceeds 180 days or more than one year, you may face the penalty of being prohibited from entering the country within three or ten years;

2. Those who stay beyond the time limit cannot apply for identity extension or change to other non-immigrant status, or even prohibit adjustment to immigration status (except marriage with citizens);

3. As long as the overstayer's visa is invalid and he applies for a visa again after leaving the country, he must apply to the embassy or consulate of his original residence and cannot go to a third country.

According to past experience, the main types of overdue students are divided into the following three types:

The first category is studying and living in the United States, and I don't understand the definition of overstaying. For example, I was expelled because my academic performance was not up to standard or I violated discipline, thinking that I-20 was still valid and I knew nothing about losing my status of studying abroad.

The second category is that after being expelled from school, they failed to successfully transfer or complete the transformation of non-immigrant status within the validity period;

The third category is intentional overstaying, that is, I originally planned to come to the United States with a student visa, but I didn't want to go to school. Instead, after entering the country, he deliberately "blacked out his identity" and turned to work illegally.

In addition to detention, it is also common for international students in China to be repatriated because they have valid student visas but fail to enter the country.

China's embassy in the United States has received many related cases before, and has issued a special reminder, requiring international students to bring all identification documents and the original I-20 form and other related materials when entering the country for inspection by border immigration officials.

The Embassy of China stated that holding a valid visa in the United States does not necessarily mean that the holder can enter the United States. Need to confirm that I-20 is valid and carry it with you. The Embassy of China also reminds parents of international students to keep in touch, communicate and communicate with their children at ordinary times, so as to keep abreast of their study status and achievements in the United States.

If it is found that the student has been expelled from his school and there is no new school to provide the admission notice, indicating that the student visa or identity has expired, it is recommended not to buy a plane ticket to the United States for the child. The Consulate General of China in new york recently issued a special reminder in official website to deal with cases where the entry of international students is blocked.

Three. Summary of frequently asked questions about applying for extension/change of identity in the United States.

1. When will the application be submitted?

Please be sure to submit your application before your legal status expires. The legal status is not the visa, but your I-94 status. You can check your I-94 status on the official website of the US Customs and Border Protection. You only need to fill in your name, date of birth, passport number and passport issuing country, and you can get an I-94 report.

2. What materials should be provided to apply for extension?

A reasonable reason to stay in the United States (because of the epidemic).

Prove that you can afford the expenses in America.

Have a strong connection with China and prove that you will not be forced to stay in the United States (such as real estate, water and electricity bills, tax records, family information, etc.). ).

3. What should I pay attention to after submitting the application?

USCIS will inform you as soon as it receives your application.

The status of your application can be found in your online account.

If there are any changes, you can submit them through your online account.

4. What will I get if I pass the audit?

You will receive an I-797A. With this paper, you can stay in America for a period of time.

5. What if it doesn't pass?

If rejected, USCIS will give you a 30-day grace period to make further plans.

6. What should I do if my identity expires during the review period?

Once the form I-539 is submitted, the identity will be automatically legal during the review period.

7. What if I-94' s legal identity time is exceeded?

Then you have overstayed, please submit an application for extension immediately and give reliable evidence to prove that the extension is necessary, and the US Immigration Bureau will handle it as appropriate. As long as the application is submitted, it is legal during this review period. If it is really rejected, it is not too late to find a way to return to China.

8. If you have applied once, can you apply again?

Generally speaking, the second application is rarely approved, but it can still be tried because of special reasons such as epidemic situation. As with the previous question, as long as the application is submitted, it is legal during this review period. If it is really rejected, it is not too late to find a way to return to China.

9. Will applying for an extension affect future entry into the United States?

If you can't leave the United States because of the epidemic, it will not affect your entry in the future. However, if it is for other reasons, it may be questioned in the next entry and it is very likely that it will be refused entry.

10. Do I need to go back to China to change my identity?

Most of them can change their status in the United States without going back to China. However, if you return to China, you need to go to the embassy to change your visa type next time you want to enter the United States.

If people with 1 1 and H 1B identities lose their jobs during the epidemic, are their identities still valid?

If the employee obtains the permission of the employer, and the terms and requirements are consistent with the previous application, he can also apply for an extension, which can be extended to 240 days at the longest.

However, if you have left your job and your employer has terminated your employment relationship, you need 60 days to find a new job or change your status (such as H4 or B2), otherwise you can only leave the country after the deadline. It should be noted that if you transfer to B2 to find a job, you usually need to leave the country and change your visa before you can enter the United States.

12 and H 1B encountered RFE, but it was difficult to collect materials during the epidemic. What should I do?

If your RFE notification was sent between March 1 day and May 1 day, 2020, there will be a grace period of 60 days after the notification deadline.

13, K 1 fiancee visa, what if I can't get it within 90 days?

Form I- 130 needs to be submitted, and if it takes more than 90 days to obtain permission.

14 unemployed, what should OPT do?

You can find a new job within 90 days (STEM OPT has a grace period of 150 days), telecommuting, part-time, full-time, legal self-employed, volunteers, and unpaid interns.