Immigration | Visa Overstay and Illegal Presence in the US | ISSS | Temple University
Visa Overstay and Illegal Presence in the US
OVERSTAY AND UNLAWFUL PRESENCE PROVISIONS
In September 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which imposed penalties on those who stay in the United States beyond the period authorized by the Attorney General. Two new sections of the Immigration and Nationality Act were created to define these penalties:
Read your citation. It's not a crime, the only penalty is revoking the visa, and denying them a new one.
I.N.A. § 222(G) VISA OVERSTAYS
(g)(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant
Penalties under 222(g)
If an alien is determined to be a "visa overstay" under this section, he/she is subject to the following penalties:
Cancellation of visa
The law provides that the visa of individuals who overstay is automatically voided
Restriction on place of future visa applications
If subject to INA § 222(g), the alien is permanently limited to applying for future nonimmigrant visas only at a U.S. consular office located in the country of his or her nationality