USA Unlawful Presence

USA Unlawful Presence Over stay and Out-of-status 

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

  • You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
  • Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.
  • According to INA 222(g), staying unlawfully in the United States beyond the date, Customs and Border Protection (CBP) officials have authorized to void your visa.

In this situation, you are required to reapply for a new non immigrant visa, generally in your country of nationality.

  • For nonimmigrants in the United States who have an Arrival Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

Embassy contact information

Please contact the nearest United States Embassy for information on what documentation you may require to enter the USA.


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Source and Copyright:

The source of the above visa and immigration information and copyright owners is the

  • The United States Department of State- URL:
  • Nepal Embassy of the United States –

The viewer/user of this web page should use the above information as a guideline only, and should always contact the above sources or the user’s own government representatives for the most up-to-date information at that moment in time, before making a final decision to travel to that country or destination.

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