Overstaying US visa could result in permanent ban

Overstaying a U.S. visa can result in serious consequences, including a permanent ban from entering the country and potential criminal charges, a statement made in a post on Facebook by the US Embassy in Guyana stated on Tuesday.

“If you overstay your U.S. visa, you could face a permanent ban on traveling to the United States as well as criminal prosecution. Consular officers have full access to your immigration history and will know about past violations. There is no such thing as an “honest mistake” – it is your responsibility to use your visa correctly,” the statement noted.

The U.S. Department of State explained that sometimes understanding the difference between the visa expiration date and the length of time you have permission to remain in the United States can be confusing. These are very different terms.

A U.S. visa in his/her passport gives a foreign citizen permission to apply to enter the United States. A visa by itself doesn’t authorize entry to the U.S.  A visa simply indicates that your application has been reviewed by a consular officer at a U.S. Embassy or Consulate, and that the officer determined you’re eligible to travel to a U.S. port-of-entry for a specific purpose. The port-of-entry can be an airport, a seaport or a land border crossing.

It is important to note that, at the port-of-entry, a U.S. immigration officer of the Department of Homeland Security (DHS) decides whether to allow you to enter and how long you can stay for any particular visit, as part of the Admission process. Only the U.S. immigration officer has the authority to permit you to enter the United States.

On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or “D/S” (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States.

If you have D/S on your admission stamp or paper Form I-94, you may remain in the United States as long as you continue your course of studies, remain in your exchange program, or qualifying employment.

The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.