Integrity Legal

Posts Tagged ‘overstay’

12th September 2009

Every year, many people from all over the world enter the United States of America and remain temporarily. As previously mentioned on this blog and on this website, there are many different types of non-immigrant visas for those who wish to go to the United States and remain for a short period of time or for a particular endeavor which has a definitive chronological endpoint.

United States Tourist visas are a prime example of a non-immigrant category visa that can grant the applicant a long duration of stay. This type of visa is meant for those entering the USA for recreational purposes who intend to leave after their vacation has ended. US Student visas are meant for those who are traveling to the United States to engage in a course of study. Finally American Exchange visitor visas are designed for those who wish to travel to America to live and/or work in a travel exchange program.

With any of the aforementioned visa categories the underlying visa’s validity has an end date. When the non-immigrant visa’s expiration date arrives, the applicant must either depart the United States or seek an extension. An US visa extension is similar to a Thai visa extension in that the applicant must apply for the extension while in the country and if granted, the applicant may remain for longer than the initial visa’s validity.

Those who do not depart or extend are considered in violation of their visa as they are overstaying its validity. In US Immigration circles, the alien is deemed to be in the United States “on overstay.” The longer a violator remains in the United States the higher the probability that the violator will be caught and either removed from the country or given the option to voluntarily depart.

After departing the United States due to overstay, the alien may be deemed inadmissible depending upon the duration of the overstay. Further, the duration of the bar on reentry depends upon how long the violator overstayed. The alien could be subjected to a 10 year bar if he remained in the US without lawful status for a long enough period of time.

In cases involving inadmissibility based upon overstay it may be possible to obtain a waiver of the inadmissibility. The applicant will need to file an I-601 waiver in order to clear up the overstay issue because if the waiver is granted the applicant will be allowed to reenter the country on either an immigrant or non-immigrant visa.

If the alien was removed from the United States because of an overstay, it may be necessary to file an I-212 application for permission to apply for reentry. That being said, either application is approved only at the discretion of the adjudicating officer at the United States Citizenship and Immigration Service.

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11th May 2009

Some Visas in Thailand do not confer resident status which can be beneficial for a number of reasons. Thai education visas and Thai tourist visas do not confer resident status and as a result accrual of time spent in Thailand on either of these visas will not count towards the necessary time requirements for Thai permanent residence.

Currently, Thailand is issuing visa exemptions (the right to remain in Thailand without a proper visa) for 30 days at an airport and for 15 days at a land border. However, Thai tourist visas are currently free to applicants at certain Embassies.

Thai “O” Visas or Other Visas, are issued to those who are either a family member of a Thai national, permanent resident, or visa holder, based upon a filial relationship to the visa holder. Currently, it is possible to obtain O visas for Non-Thai children, but for those children under a certain age, it is not possible to overstay in Thailand. This situation is similar in US Immigration where non-Citizen children cannot accrual unlawful presence in the United States. A child may be overstaying a visa, but the child cannot accrue time as a person present in the USA unlawfully.

At one time, Thai work permits were used as a basis for granting business visa extensions in Thailand. Before that time, a business visa extension could be obtained without obtaining a work permit, but this situation was considered unacceptable because it left many non-Thais in Thailand on business visas, some of whom were working, but without a work permit. For a period of time, the work permit was the foundation of the business visa extension application. Recently, the Thai work permit was “untied” from the business visa extension and as a result it is easier to obtain a work permit, but seemingly more difficult to obtain a Thai visa extension.

Many people forget that a Thai multiple entry visa is good until its expiration date and the visa holder will be granted a stay of 90 days upon entry. This leads to the situation where the non-Thai presents his visa to Thai Immigration one day before the visa’s expiration, but is granted entry into Thailand for nearly 90 days past the visa’s expiration.

(Please note: this post is not a substitute for personal legal advice from a licensed attorney. No lawyer-client relationship is created between author and reader.)

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