On behalf of Immigration & Nationality Law Group posted in US Immigration Law on Thursday, November 28, 2019.
When you apply for and receive a visa to visit or work in the United States, it generally has effective dates on it. It's only between one date and the next that you're permitted to travel within or remain working in this country. If you overstay the expiration date listed on your visa, then you may be subjected to various types of disciplinary action including jeopardizing your ability to return to the U.S.
The type of disciplinary action that you'll receive in such instances all comes down to how long you overstayed your visa's expiration date. Time begins "tolling," or accruing the minute that a visa holder overstays their visa. An immigrant may first have to wait whatever amount of time is tolled before they can return to the U.S. if they wish to return once again.
Certain situations cause the time to stop accruing though. This may happen if the immigrant was under the age of 18 at any point during their stay here. The clock may also be stopped if the visa holder has been trafficked to this county, has filed for asylum or a change of status, is part of a family reunification program or if they're the family member of a battered child or adult.
Anyone who overstays their visa in any other situation other than the aforementioned instances risks both civil and criminal penalties to include fines and prison time. This result is even more probable if a judge orders the removal of someone who falsified documents, failed to leave the country after being ordered to do so or was convicted of certain criminal offenses.
Don't jeopardize your ability to visit or stay in the U.S. Let an attorney provide you with guidance as to the steps that you can take in your New Orleans case. Your lawyer can provide you with dedicated and fair representation when your future is on the line here in Louisiana.