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What Are the Risks of Remaining in the United States with an Expired Visa?


Question:

I am in the US on the B2 visa, What are the risks of remaining in the United States with an expired visa?

Answer:

If you are in the United States beyond to your authorized stay, and have not yet submitted your USCIS Form I-485 adjustment of status application, and you decide to stay in the United States, you will be taking a huge risk. Staying past your authorized date without an extension or a pending
USCIS Form I-485 adjustment of status application on file may be grounds for penalties that will affect your ability to adjust status in the future.

1) If you accrue unlawful presence of more than 180 continuous days but less than one year, but you leave the U.S. before any official, formal removal procedures (deportation) are instituted against you, you will be barred from reentering the United States for a period of three years.

2) If you accrue unlawful presence of more than 365 continuous days, then leave the U.S. prior to any deportation or other formal procedures being instituted against you, you will be subsequently barred from reentering the United States for a period of ten years.


 
 


 



 

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