What Happens If You Overstay Your Tourist Visa Due To Covid-19?

New York City NY

28 May, 2021

5:25 PM

Description

By Rommel H. Ojeda, DocumentedNY May 28, 2021 U.S. Customs and Border and Protection (CBP) calculated a 1.21 percent of visa overstays for the fiscal year of 2019. That number accounts for 676,422 cases for FY2020 and the number of people who overstay their tourist visa is most likely to increase due to COVID-19 last year. As the United States eased restrictions on inbound international flights, users in our WhatsApp community have reached out to us with the following question: What should I do if I overstayed my tourist visa and wish to return to the U.S.? The answer is not simple. How to proceeed if you overstayed your tourist visa Due to the closure of airports as a result of the novel coronavirus last year, many tourists were unable to leave the country before their tourist visas expired. USCIS suggested tourists apply for an extension which could extend their stay up to an extra 6 months from the date of expiration. In normal times the agency recommends applying 45 days before the authorized stay expires. Because of the pandemic, some tourists did not have enough time to apply. Your help lets us keep reporting on immigrant communities. Become a member today. A year ago in our article, we recommended individuals apply regardless of how soon their visa would expire (even if it had expired). The application would excuse them for overstaying due to special reasons beyond their control. USCIS was flexible on late applications, given the circumstance of the pandemic affecting the world. We spoke with media correspondents from USCIS, CBP, and also contacted ActionNYC to see what options are available for returning. Action NYC, a program offering New Yorkers (regardless of status) safe immigration legal help, mentioned that there is no standard protocol or general information to follow. In a phone call they said that each person has to be reviewed individually due to the different circumstances that impeded them from leaving the country. "It also depends which country they are from," they added. The length of the overstay can also play a factor when entering a port of entry. For example, if you overstayed for more than 180 days but less than a year, it will result in a 3 year ban from the date you leave the country. Whereas an overstay of one year or more will result in a 10 year ban. (USCIS) Also read: How ActionNYC works, a program that provides free legal services in New York City There are exemptions Documented contacted USCIS and the spokesperson said, "USCIS may provide special support for individuals who may be affected by circumstances beyond their control. These special situations have been used at various times in the past, including for natural disasters and similar crises." The novel-coronavirus is in fact listed as such circumstance, as per USCIS press release from April last year'. However, individuals returning will encounter a CBP officer at the port of entry, who will see and decide if there is a valid reason for the overstay. For this consideration, we recommend having any proof of application of extension (even if you were not granted) or other records that could justify your overstay, or excuse your reason for not applying for an extension (this can be financial hardship, etc). You can also call the CBP officers at the possible port of entry of the state and let them know of your situation ahead of time. They will provide specific information based on your case. We contacted the CBP's public affairs specialist from NY, but were given no additional information. Documented was founded with the goal of making sure the people affected by our stories were also the people reading them. Immigration reporting is often extractive and isn't produced or published with the main protagonists as the intended audience. Through our reporting and out outreach via WhatsApp, we've created award-winning journalism that is created with and for New York's immigrant communities. This work is not easy and it is not cheap. Consider becoming a member today to help fuel this work. By joining the Documented Community, you can not help only provide us with the financial freedom needed to fulfill our mission but also meet others who are passionate about immigration in the New York area. Become a member today. Documented NY is a non-profit news site devoted solely to covering New York City's immigrants and the policies that affect their lives.