US Non-Immigrant Visas
Non-immigrant visas are all visas that are not immigrant visas. All non-immigrant visas are temporary. Each non-immigrant visa authorizes a specific duration of stay in the United States. Extensions of stay in non-immigrant visa status differ depending on the type of visa issued. Some non-immigrant visas can be extended indefinitely; some can only be extended for a specific amount of time, while others cannot be extended at all.
A non-immigrant visa allows a person to enter the United States for a specific purpose only (i.e. go to school, visit or work for a specific employer). At the border crossing or airport, the Customs and Border Enforcement agent will stamp an I-94 arrival departure record indicating how long a person is allowed to remain in the United States and what visa status he or she is in. An I-94 Arrival Departure Record is a white card or a green card (not a permanent resident card) if an individual enters on the visa waiver program. A non-immigrant visa may be valid for a longer period of time than the date of authorized stay stamped on an I-94 arrival departure record. However, an individual may only remain "legally" in the United States up until the date of authorized stay on their I-94 arrival departure Record.
Individuals who are in the United States beyond the date of authorized stay as indicated on their I-94 arrival departure record; and, who do not file for an extension of stay, change of non-immigrant status, or adjustment of status to that of a lawful permanent resident green card holder will be subject to the following immigration penalties:
- Can not re-enter the United States for a period of three (3) years if an individual is an "overstay" (resided in the United States longer than authorized) for a period of 180 days
- Can not re-enter the United States for a period of ten (10) years if an individual is an "overstay" (resided in the United States longer than authorized) for a period of one year
- Will be subject to have visa cancelled by an Immigration Officer or Counselor Officer, even if overstay is just one day
- Can not change status to a different Non-Immigrant Visa, even if overstay is just one day except under very strict and limited circumstances
- Cannot Adjust Status to that of a Lawful Permanent Resident
Of course there are always exceptions.
Exceptions to the three and ten year bar include:
- Proving Extreme Hardship to a US Citizen or Permanent Resident Spouse, Child or Parent when processing a Family based Visa Petition for an Immigrant Visa at a United States Embassy
- The individual was under 18 years of age during the time of "overstay"
Exceptions to the bar to adjustment of status include:
- Marriage to a US Citizen; Parent of a US Citizen; Child under 21 of US Citizen if the individual entered the United States in most Non-Immigrant Visa categories
- Job sponsorship if "overstay" does not exceed 180 days (this does not include accompanying family members)
Payment of Immigration penalty fees of $1000.00 plus regular filing fees, if individual is adjusting status to that of a Permanent Resident with a priority date on or before January 14, 1998 or individual was residing in the United States on December 21, 2000 and has a application filed with the Immigration Service on or before April 30, 2001.