Illegal residence of non-personnel

Illegal residence refers to the illegal behavior of foreigners who live (stay) in China and fail to apply for a visa or residence permit within the valid stay period stipulated in the visa or residence permit.

Specifically, the white card issued by the immigration bureau at the time of entry, that is, the time on the I-94 form, is called illegal residence. Even multiple entry visas are considered illegal residence. You can't get a third country visa after illegal residence. But if you work illegally in the United States, and then the I-94 form expires, it is not overstaying. However, if you are found to be working illegally by the Immigration Bureau, you will live illegally from the day you are caught.

Interpretation of immigration law

According to the interpretation of immigration law, what is illegal residence from four different situations.

First, if you enter the United States with F- 1 and J- 1, then the words DURATION OF STATUS are written on the I-94 form, which means that as long as you keep your legal status in the United States, it is not illegal to stay. Even if the application for extension or change of identity is rejected, as long as there is no illegal work, it is not illegal residence. If the reason for refusal is illegal employment or failure to maintain identity, the time of illegal residence shall be counted from the date of refusal.

In the second case, people who come to the United States with B- 1, B-2 or H- 1, H-2 should indicate the date of legal residence in the United States on the I-94 form. If the extension or change of identity is not approved and rejected by the Immigration Bureau before the expiration of I-94, the date of illegal residence shall be counted from the expiration of I-94; If the visa is refused after the expiration of I-94, but not more than 120 days, the time of illegal residence shall be counted from the date when the visa is refused by the immigration bureau.

In the third case, if I-94 has expired, and 120 days has passed, it is illegal to stay. From 1265438 onwards, it exceeds 12 180 days, and you are not allowed to enter the country within three years after leaving the country.