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Unlike illegal entry (which is a criminal offense in the United States), it is not a criminal offense for an alien to enter the United States legally and then overstay his or her visa. [139] A visa overstay is a civil violation dealt with through proceedings in immigration court. [139]
The United States grants visa-free entry to nationals of two neighboring jurisdictions under most circumstances: [3] Canada – Citizens of Canada do not need a visa to visit the United States under most circumstances. [10] In addition, under the USMCA (and previously the NAFTA), they may obtain authorization to work under a simplified procedure.
At least 15 years have passed since the activity or event that made the applicant inadmissible, they have been rehabilitated and that their admission to the United States (or issuance of the immigrant visa) will not be contrary to the national welfare, safety or security of the United States; [4] OR
No longer just campaign trail rhetoric, President Donald Trump’s insistence that immigration to the United States amounts to an “invasion” may be critical to unlocking extraordinary powers ...
With IIRAIRA, however, lawfully admitted nonimmigrants who overstay their visas by one day or longer became ineligible for a new nonimmigrant visa. [13] If the period of overstay ranged from 180 to 365 days, the noncitizen would face a 3-year bar to reentry, and an overstay of more than 365 days would require a 10-year bar.
Withdrawal of application for admission is an option that U.S. Department of Homeland Security might offer to an Arriving Alien whereby the alien chooses to withdraw his or her application to enter the United States, and immediately departs the United States (or pre-clearance port of entry).
The table below shows the overstay rate, which is the portion of visitors arriving under the Visa Waiver Program who remained in the United States longer than the maximum allowed stay of 90 days. Some of these visitors later left the United States or legalized their immigration status.
The foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship. 3(c)(v)