US policy to fight against visa overstays
On May 13, 2018, the US government issued a draft policy that introduces changes to how the government calculates the length someone has overstayed their visa.
Under the current guidelines, the length of overstay (=”unlawful presence”) starts from when authorities discover the violation or an immigration judge passes a ruling such as deportation. The new guidelines would start the “overstay clock” from the date the visa holder loses their immigrant status. These new regulations would apply to both non-immigrant and immigrant visas.
Particularly long stretches of unlawful presence can result in a 3 to 10 year ban in returning to the US. If you have a US visa, please make sure that you are aware of when your visa expires!