Falling out of Status

How does it happen?

• Staying beyond expiration of I-94 card (if not admitted for Duration of Status aka D/S)
• Enrolled for less than full time
• Not enrolled at all
• Unauthorized employment
• Not engaging in activity for which admitted
• Not processing transfer on time
• Not processing change of program on time
• Staying beyond expiration of I-20 while still enrolled
• Not processing J-1 extension on time
• Staying beyond F or J grace period
• Staying after employment ends (H, O, TN)
• Other violations

What are the penalties?

• Should leave the U.S. (or apply for reinstatement if available)
• May not be employed (even on campus)
• May not be granted any immigration benefits, such as OPT, extension, transfer, etc.
• May not change status in the U.S.
• May never adjust to permanent residence in the U.S. unless married to a U.S. citizen (some other exceptions may also apply)

 

How does it happen?

• Staying beyond the end date of date-specific I-94 card
• If I-94 is date specific, unlawful presence days can also begin if and when an Immigration judge or adjudicator declares the person in violation of status
• If I-94 is valid for Duration of Status (D/S), unlawful presence begins only if and when an Immigration judge or adjudicator declares the person in violation of status

Note: A person with a date-specific I-94 card, who files a non-frivolous application for extension or change of status, will not accumulate days of unlawful presence after I-94 expiration as long as the application is pending with Immigration.

What are the penalties?

• After 180 days of unlawful presence, the person may not be readmitted to the U.S. for 3 years
• After 365 days of unlawful presence, the person may not be readmitted to the U.S. for 10 years

Note: No days before April 1, 1997, will be counted. Days are generally not cumulative. Days are counted separately for each visit. Days before age 18 are not counted.

How does it happen?

• Staying beyond the end date of date-specific I-94 if entered with a visa
• If I-94 is date specific, the person can also be an overstay if Immigration declares him/her in violation of status
• Persons with D/S are considered overstays only if declared unlawfully present by an Immigration judge or adjudicator

What are the penalties?

• The visa used to enter the U.S. automatically becomes invalid, even if it appears to be unexpired
• All future visas must be obtained in the country of citizenship or legal permanent residence (some exceptions may apply)