Office of International Affairs

• Staying beyond expiration of I-94 card (if not admitted for Duration of Status aka D/S)
• Enrolled for less than full time
• Not enrolled at all
• Unauthorized employment
• Not engaging in activity for which admitted
• Not processing transfer on time
• Not processing change of program on time
• Staying beyond expiration of I-20 while still enrolled
• Not processing J-1 extension on time
• Staying beyond F or J grace period
• Staying after employment ends (H, O, TN)
• Other violations

• Should leave the U.S. (or apply for reinstatement if available)
• May not be employed (even on campus)
• May not be granted any immigration benefits, such as OPT, extension, transfer, etc.
• May not change status in the U.S.
• May never adjust to permanent residence in the U.S. unless married to a U.S. citizen (some other exceptions may also apply)

• Staying beyond the end date of date-specific I-94 card
• If I-94 is date specific, unlawful presence days can also begin if and when an Immigration judge or adjudicator declares the person in violation of status
• If I-94 is valid for Duration of Status (D/S), unlawful presence begins only if and when an Immigration judge or adjudicator declares the person in violation of status

Note: A person with a date-specific I-94 card, who files a non-frivolous application for extension or change of status, will not accumulate days of unlawful presence after I-94 expiration as long as the application is pending with Immigration.

• After 180 days of unlawful presence, the person may not be readmitted to the U.S. for 3 years
• After 365 days of unlawful presence, the person may not be readmitted to the U.S. for 10 years

Note: No days before April 1, 1997, will be counted.  Days are generally not cumulative. Days are counted separately for each visit. Days before age 18 are not counted.

• Staying beyond the end date of date-specific I-94 if entered with a visa
• If I-94 is date specific, the person can also be an overstay if Immigration declares him/her in violation of status
• Persons with D/S are considered overstays only if declared unlawfully present by an Immigration judge or adjudicator

• The visa used to enter the U.S. automatically becomes invalid, even if it appears to be unexpired
• All future visas must be obtained in the country of citizenship or legal permanent residence (some exceptions may apply)