Overstayed past the date on the I-94 card is likely going to be a problem regardless of what the original reason or basis of the visa grant was. The dates on the I-94 and I-20 control regarding the dates within which you are allowed to remain legally in the United States. Are you sure you overstayed?
Returned to Homeland
People who unlawfully remained inside the United States for one hundred eighty days, about six months, will be deemed inadmissible, and so if they have returned to their native country or left the United States for any destination they will have great difficulty in reentering the United States for any reason. A person who has spent between one hundred eighty and three hundred sixty five days over the date on their I-94 card and left the country would not be allowed to reenter the country until a minimum of three years and a maximum of ten years have passed.
Still Inside United States
Those persons who have overstayed the date on the I-94 card that are still in the United States will also be deemed to be in an inadmissible status. There may be an option of using a procedure called an “adjustment of status,” to straighten things out. Where these individuals have not left the United States they can’t be barred from reentering. The adjustment of status procedure is essentially available to persons that are legally inside the United States and it may not be available for those who have become illegal in status.
Penalty Fee May Apply
The only people eligible to pay a penalty fee to adjust the status are persons that had a visa petition or labor certification on file by April 30, 2001 and can prove that they were physically in the United States on December 21, 2000 or persons that had a visa petition and labor certification on file by January 14, 1998. The eligibility requirements for being eligible to pay a $1000.00 fee to adjust the status of an individual that has overstayed the date on the I-94 card are complicated and individual circumstances should be reviewed by an immigration lawyer to properly determine if this option is open to you.
Getting Legal Help
If you or a student in your educational program or school has overstayed on a visa allowing them to study in the United States it may be important discuss the circumstances of the “overstay” with an immigration lawyer. The consequences of an “overstay” or illegal status can be severe and an attorney may be able to sort it out to avoid the USCIS imposing of severe penalties.
