If it’s your very first time flying to the United States, you will need to get a visa before entering the country. A visa is a document that allows you to enter and stay in the U.S. for a specific period and purpose, such as tourism, work, or study. Since you’re not yet a green card holder, there will be a certain timeframe you must adhere to before immigration learns you are overstaying.
Ways Immigration Tracks Overstaying Visas
If you want to be aware of how immigration tracks your stay and prevent visa overstay deportation, here are some of the well-known methods for them to find out:
- Entry and Exit Records. The United States collects and maintains records of every individual’s entry and exit through its borders. This data is stored electronically and can be cross-checked to determine if a traveler has overstayed their visa.
- Airline Passenger Data. Airlines must submit passenger information to U.S. Customs and Border Protection (CBP). This data includes details about the traveler’s visa, length of stay, and travel documents, allowing immigration officials to track whether individuals leave the country on time.
- Electronic System for Travel Authorization (ESTA). The ESTA system records authorized travel duration for travelers from Visa Waiver Program (VWP) countries. Any overstay beyond the permitted time is automatically flagged.
- Biometric Data. The U.S. uses biometric data, such as fingerprints and photographs, collected at entry and exit points. This data verifies identities and tracks the duration of stay.
- Overstay Notification Letters. The Department of Homeland Security (DHS) can send overstay notification letters to individuals suspected of remaining in the U.S. beyond their authorized period.
- Compliance Enforcement. Immigration and Customs Enforcement (ICE) actively investigates and enforces compliance with visa expiration dates. This may include checking for overstay during routine investigations or targeted enforcement actions.
- Reporting by Employers and Schools. For individuals on work or student visas, immigration requires employers and educational institutions to report the status of their visa holders. It lets immigration authorities monitor changes in employment or school attendance, which can signal an overstay on their visa status if not properly updated.
What Is Visa Overstay Forgiveness?
Visa overstay forgiveness is a process that allows individuals who have over-extended their visas to rectify their immigration status without facing overstay penalties. Overstaying can lead to forced deportation and even bans on returning to the U.S. However, under certain circumstances, the immigration office may grant leniency.
You can get a valid visa overstay forgiveness by applying for a waiver. You may also work with a lawyer to prove that you were unaware of the visa expiration date due to specific circumstances, such as a family emergency or natural disaster in your home country. The likelihood of obtaining forgiveness will depend on several factors, so you need to choose a viable, legitimate reason.
Need Expert Help With Immigration Law? Hire Voloshen Law Firm P.C. Now!
Learning about immigration law is never easy, especially when encountering situations like visa overstays and their associated risks. At Voloshen Law Firm P.C., our experienced immigration attorneys can guide you through the immigration process. We will also educate you about immigration laws so you know what you will be facing in the event you visit court.
Give us a call now to talk with our experienced immigration lawyers