#immigrationlaw, #usavisa, #overstay
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An overstay occurs when you are still present in the United States after your period of authorized stay expires. The period of authorized stay for any nonimmigrant in the United States is shown on the I-94 card that you are given by the Customs and Border Protection (CBP) officials when entering the United States.
Most nonimmigrants' I-94 cards will be marked with a date that shows when this period ends and they are expected to leave the United States. If you are an F-1 or J-1 student, however, you will not be given a specific date. The regulations recognize that academic programs are not fixed in duration, and that there is an option for students to participate in optional practical training (OPT) when the program is completed. So, instead of a date on your I-94 card, you will have the annotation “D/S,” which means “duration of status.”
This D/S annotation makes it difficult for some students to know whether they have overstayed. In most cases, an overstay begins when you are still in the United States after your studies or training period are over, your grace period has ended, and you have taken no action to apply for a change of status.
If You Overstayed and Are Still in the United States
If you are still in the United States after realizing that you overstayed, your best bet is most likely to return home as soon as possible. Because you are no longer in valid immigration status, you will not have the option to apply for a new status from inside the country.
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