Consequences of Unlawful Presence

If F-1 visa holders overstay illegally in the U.S., they may face consequences such as deportation, a re-entry ban, and negative impacts on future visa applications.

If an F-1 student continues to stay in the U.S. after their status becomes invalid, it will be considered "unlawful presence."

Direct Consequences of Unlawful Presence

  • Deportation: You may be deported from the U.S.

  • Re-entry Ban: If you accumulate more than 180 days of unlawful presence after a single entry, you will be banned from entering the U.S. for 3 or 10 years.

  • Permanent Ban: If you accumulate more than 1 year of unlawful presence, whether from a single or multiple entries, you will be permanently barred from entering the U.S.

 

Long-Term Consequences of Unlawful Presence

Having a history of unlawful presence can significantly impact your future development in the U.S.:

  • A record of unlawful presence can reduce your chances of obtaining a U.S. visa;

  • Even if you obtain a new visa, it can hinder your chances of passing through customs;

  • Unlawful presence can affect your rights to work in the U.S., including OPT and H-1B applications;

  • It can also negatively impact your future green card application.

* If you believe you have violated F-1 regulations,, you should immediately consult an immigration lawyer.