Urban Their Federer & Jackson, P.a.<br />Us visas and violations<br />
Introduction<br />Many people are refused US visas each year. But still many others are granted, the most commonly issued ...
The I-94 card<br />The I-94 card determines the length of stay, while the visa stamp issued by the US Embassy determines h...
i-94 card Continued<br />In the case of a student or F-1 Visa, the I-94 card my state “D/S”, which means “Duration of Stat...
Visa Overstay<br />A visa overstay, that is, an individual with an expired I-94 card in the case of a tourist, or anyone m...
Overstay remedy<br />In the case of a tourist overstay, generally the only ways to remedy the status is<br />via marriage ...
Visa waiver<br />In the case of a visa waiver entrant, that is a person who is not required to have a visa but who is perm...
Additional notes<br />Generally, if an individual overstays the I-94 card, even if by one day, the visa issued at the Emba...
Questions<br />Additional resources <br />and contact page can be found at<br />www.UrbanThier.com<br />Urban Their Federe...
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US Visas and Violations

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US Visas and Violations

  1. 1. Urban Their Federer & Jackson, P.a.<br />Us visas and violations<br />
  2. 2. Introduction<br />Many people are refused US visas each year. But still many others are granted, the most commonly issued visa, a tourist visa.<br />A tourist may be granted up to six (6) months of stay provided they can fund their own travels without working in the US and have a specific destination or itinerary.<br />The six months is determined by their declaration of purpose upon arrival. Any less time is at the Immigration & Customs Officer’s discretion. <br />
  3. 3. The I-94 card<br />The I-94 card determines the length of stay, while the visa stamp issued by the US Embassy determines how many entries the individual can make within a given time period before the visa expiry date.<br />If a tourist overstays the date issued on the I-94 card, s/he will suffer certain consequences that will limit his or her ability to change status or return to the US after traveling anywhere outside the United States.<br />
  4. 4. i-94 card Continued<br />In the case of a student or F-1 Visa, the I-94 card my state “D/S”, which means “Duration of Status”.<br />If a student fails to attend classes abandoning their studies, takes an unscheduled break from school or under-enrolls, s/he will suffer consequences for the visa violation.<br />Also, if a non-immigrant alien worker in any H or L category fails to work for the sponsoring employer, changes employer without the proper application or notice to DHS/USCIS, is terminated or quits, the same consequences apply.<br />
  5. 5. Visa Overstay<br />A visa overstay, that is, an individual with an expired I-94 card in the case of a tourist, or anyone mentioned above, is not generally permitted to change or extend his or her status.<br />The only exception is for students who under-enroll or have an unscheduled break in school attendance if that break or under-enrollment was beyond the student’s control.<br />
  6. 6. Overstay remedy<br />In the case of a tourist overstay, generally the only ways to remedy the status is<br />via marriage to a US Citizen<br />being the parent of a US citizen above the age of 21.<br />Visa overstays generally are subject to a three (3) or ten (10) year penalty and may end up in removal proceedings.<br />
  7. 7. Visa waiver<br />In the case of a visa waiver entrant, that is a person who is not required to have a visa but who is permitted to the enter the US for up to 90 days at a time, an overstay can result in immediate removal.<br />The condition of a visa waiver entrant is that the entrant waives certain due process rights<br />The only exception to this case is also adjustment of status based on an immediate relative petition.<br />
  8. 8. Additional notes<br />Generally, if an individual overstays the I-94 card, even if by one day, the visa issued at the Embassy is null and void. <br />Departure is to occur on or before the date of the I-94 card expiration to avoid this penalty.<br />
  9. 9. Questions<br />Additional resources <br />and contact page can be found at<br />www.UrbanThier.com<br />Urban Their Federer & Jackson, P.A.<br />

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