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!


US tightens visa rules to curb overstay by students

Trump administration making it harder to overstay US student visas