3 Year and 10 Year U.S Visa Ban
Every year, millions of international travelers enter the United States for employment, business or pleasure. They are usually issued visas at the Consulate in their home country before admission to the U.S.
Visa and I-94
Upon entry, depending on the type of visa obtained, the length of your authorized period of stay is determined when you are inspected and admitted by an immigration officer, and it will reflect on your Form 1-94. This should not be confused with the date on your visa.
Your visa is evidence of permission to enter the U.S and Form I-94 is evidence of your authorized length of stay. For example, your B-2 visa is valid from January 2, 2023, to January 1, 2025. You entered the U.S January 2, 2023, and your Form I-94 shows July 1, 2023, as your departure date.
In this case, even though the visa document is valid till 2025, your authorized period of stay is only valid for the length of time set for you by U.S Customs and Border Protection (CBP) and you must leave the United States on or before July 1, 2023.
Unlawful Presence and Consequences of Overstaying Your Visa
If you fail to leave on or before that date, your visa is automatically voided once you exceed your stay, and you will be unable to apply for a visa in any U.S Consulate outside your home country. Also, you may begin to accrue unlawful presence and may be banned from re-entry into the U.S from 3 to 10 years depending on how long you have overstayed.
3 Year Ban
If you visit and stay more than 180 days but less than one year, and voluntarily depart before removal proceedings are initiated, you will not be able to re-enter the U.S for 3 years.
10 Year Ban
If you overstayed for one year or more, removal proceedings were initiated against you, and you were in fact removed or departed – you will not be able to re-enter the U.S for 10 years.
As a temporary visitor to the U.S, you must take care to be law abiding and mindful of your authorized period of stay. If for any reason you need to stay longer, it’s imperative that you contact an immigration attorney right away.
The attorney will assist in determining what your options are, including possibly extending your stay. If you apply for extension timely, you are considered to have maintained lawful status even if your I-94 expires while the application is pending.
What this means: Any application to extend must be filed and received by USCIS before your authorized period of stay expires. And if you have overstayed your visit, the attorney can help determine if you may be eligible for a waiver.