Monday, November 30, 2015

What to do if you are in the United States on an expired F-1 Visa?

An F-1 visa is a non-immigrant or temporary visa which comes with an expiration date. Obviously it is illegal to continue to stay in the country once this visa is expired, but every year, thousands of students knowingly or unknowingly extend their stay period past the visa expiration and face legal consequences and face the chances of burning bridges with America forever.

America does now allow college or higher degree holders to remain in America even if they have a tremendous job business idea and will employ other Americans. This is illogical but thus far it is the case despite America having a shortage of engineering and tech talent and professionals. Immigration lawyers have no idea why this is the case but it is.  

Varies in length

F-1 visas are for students exclusively and are meant to allow and regulate foreign students to live in the United States while they undergo their courses here. The validity of such a visa varies from case to case. As per immigration lawyers who can be reached right here, some programs are two years long while some maybe four or five years long, which is why the validity of the visa is also varies accordingly.

However, these time periods or course structures are usually tentative. A student may finish his or her course before this period or maybe he or she will take longer to complete the course, this is why an F-1 visa typically does not have a set expiration date. When students arrive in America, border control officers add what is known as a D/S notification in the I-94 arrival/departure records and immigration lawyers will inform you of this as well.

Duration of status notification

This D/S notification is essentially duration of status notification. As per this regulation, a student may live in the country for as long as it takes to complete their curriculum. In addition, the student is also given a leeway of 60 days which is meant to allow the student time to prepare for his or her departure or while they transfer to another school outside the country.

A lot of people wrongfully assume that the date mentioned on the F-1 visa is the date by when they should leave the country, which is in fact a misnomer. The date mentioned on the visa itself is in fact the last date on or before which the student can enter the US courtesy of that particular visa. This visa is nothing but an entry document, the I-94 is actually what controls the length of your stay in the country.

What are the consequences if you stay beyond your duration of status?

According to immigration attorneys, when an adult non-immigrant extends their stay beyond the duration of status, they are essentially an illegal immigrant in the country and may attract unappealing consequences. This violation is known as an unlawful presence.

You have the right to use an immigration lawyer. You should not be punished if you took a little too long on where you wanted to go to school next, for instance. What if that job proposition fell through and you had to scramble to sign up for a master's program? There are so many variables. This is where https://usattorneys.com/ comes into the picture. You can find that valuable legal help right here. 
People that are unlawfully present in the country for over 6 months, leave the country and then want to come back will basically be deemed inadmissible. Their re-entry will be barred for a minimum of three years. If a person has stayed unlawfully for over a year, then they will not only become inadmissible for reentry but they will be barred for a period of ten years.

Seeking sound legal advice 

In some exceptional circumstances, there are waivers and it is therefore wise to consult an immigration lawyer if you find yourself in such a predicament. A legal representative will be able to guide you so you can take the best possible course of action to make things right as everyone wishes them to be and how they used to be for you. After all, you came into the country legally right?  

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