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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