Immigration procedures and status within the country can be complex. There are some remedies if things don’t go as an individual expects and they need to apply to stay in the United States for more time. In many instances, they can get visa overstay forgiveness.
The definition of visa overstay forgiveness
Someone who holds a visa will have an “admit until date” that’s stated on their Form I-94, also known as an “Arrival/Departure Record.” If you remain in the US past this date, you’re considered to be overstaying your visa. You can apply for a waiver as long as you have a valid reason(s) for needing to remain in the country for a longer period of time.
A visa expiration date doesn’t indicate when you must leave the country. It can show a validity period that’s a lot shorter than the expiration.
How to determine your eligibility for overstay forgiveness
You can fill out Form I-601 and be considered for overstay forgiveness. A few conditions will allow you to get a visa extension.
- The Adjustment of Status Under Haitian Refugee Immigration Fairness Act 902 or Nicaraguan Adjustment and Central American Relief Act 202 statutes
- The Adjustment of Status as a Special Immigrant Juvenile if you receive approval of Form I-360
- The Adjustment of Status from a T nonimmigrant status
- You are outside the United States, attended a visa interview, and have been deemed inadmissible, you may be eligible for a waives
- You have applied for a green card through the adjustment of status process
- If you are applying for an immigrant visa under VAWA as a self-petitioner or the self-petitioner’s child, you may be able to receive a waiver
- Temporary Protected Status under the grounds of inadmissability
This is a tricky matter, and you will stand a better chance at getting your visa stay forgiveness if you understand your rights. Get a jump start on this process before the date of departure that’s on your form if you know that you will need extra time in the United States.