What Happens When a Person Violates a Visa?
- Under the Immigration and Nationality Act Section 212(a)(9)(B)--or federal immigration law--bars are triggered based on unlawful presence. Unlawful presence refers to the time (measured in days) that a foreigner remains in the U.S. after his authorization or visa expires. Currently, foreigners can face a three-year, 10-year and permanent bar. The catch is that the bar is triggered only after a person departs from the country. So, if a foreigner overstays a tourist visa by two years and leaves the U.S., he has a 10-year bar. Waivers, such as the I-601, are not guaranteed though allow people to return to the U.S. sooner instead of waiting 10 years before applying for a new visa.
- Legal consequences arise when you violate a visa that depends on how you violated the visa. Several human resources departments use software programs to give reminders of when a non-U.S. citizen or permanent resident's status is expiring. For example, if you had employment authorization with your visa, you no longer would be able to work after your visa expires. Your current employer might fire you, but you would not be deported. If you entered the U.S. on a K or fiancé visa but do not marry your sponsor or petitioner, you are unable to qualify for alternative relief. People who are convicted of committing crimes, like murder, driving while intoxicated or burglary, risk stiffer penalties. Criminals often are tried in criminal court and then, separately in immigration court. For instance, if you are convicted of murder, you likely will serve a sentence in the U.S. for the murder and subsequently get deported or removed to your country of origin.