The United States legal system defines a non-immigrant visa as a temporary stay in the country. This means that you will visit the US for a short period of time, for reasons such as tourism, business, and others, but will not stay there permanently.
Those who want to permanently move to the United States to live and work there, need to apply for the US Immigrant Visa.
Non immigrant Visa Types
Below is the list of visa types as well as the purpose of visit for each one, which determines the one you should apply for:
- Diplomatic and official visit visas.
- A Visa – Diplomats and Foreign Government Officials. For diplomats or foreign government officials who are travelling to the US on official duties or representing their government.
- A-2 – NATO1-6 Visa. For foreign military personnel who are about to serve or be stationed within the United States.
- G1-G5 NATO Visas. For those who will work for NATO.
- Visitor visas.
- B-1 visa for temporary business visitors.
- B-2 visa for for tourists and visitors.
- Transit and crewmember visas
- BCC Visa. Border Crossing Card for Mexican citizens
- C Visa. If you are passing through a US airport, on your way to your destination.
- CW-1 Visa. For Employers from the Commonwealth of the Northern Mariana Islands (CNMI) who do not necessarily fit into other employment visa categories.
- D Visa. For crew members who will work on a sea vessel or international airline in the United States and they need the visa to be able to operate within the country.
- Treaty trader and investor visas.
- E1 Treaty Trader Visa
- E2 Treaty Investor Visa
- Study and Exchange visas.
- Temporary Employment visas.
- H-1B visa for employees in highly specialized fields.
- H-1B1 visa for Chile and Singapore nationals.
- H-2A visa for agricultural workers from selected countries in whom the US has some type of interest.
- H-2B Visa for temporary seasonal workers, who do non-agricultural work.
- H-3 Visa for training opportunities which are not counted towards an academic degree.
- I Visa for representatives of foreign media who want to work or participate in educational media activities.
- E-3 Visa for nationals of Australia who will be working in specialty occupations.
- L Visa for Intracompany Transferees.
- O Visa for persons with extraordinary abilities.
- P Visa for athletes, entertainers and artists.
- R Visa for temporary religious workers.
- TN/TD Visas for Canada and Mexico citizens who work in NAFTA.
- Humanitarian visas.
- U Visa for those who have been a victim of certain criminal activities and that can aid in the investigation or prosecution of those criminals.
- T Visa for victims of human trafficking who can assist in investigating crimes related to human trafficking.
- S Visa for witnesses or informants to assist law enforcement and provide information about a criminal organization in the US.
- Temporary Family Visas.
- V Visa for families who are in the process of waiting for the completion of their immigration process.
- K-1 Visa for the fiancé(e) of a US Citizen.
- K-2 Visa for the children of K-1 Visa Holders.
- K-3 Visa for the spouse of a US Citizen awaiting visa processing.
- K-4 Visa for the children of K-3 Visa Holders.
Can You Extend a Non Immigrant Visa?
Prior to the expiration of you authorized stay, apply for extending the period in which you are permitted to stay in the US, by filing a request with the USCIS on the Form I-539.
You will be eligible to apply for stay extension if you meet the following requirements:
- You have been lawfully admitted into the US with a temporary visa
- your visa is still valid
- you have committed no crimes that make you ineligible for a visa
- you did not violate the conditions of your admission
- you possess a passport that is valid for the whole duration of your stay
Whereas, if you belong to one of the following categories you cannot extend your visa:
- if you entered the US under the Visa Waiver Program
- you are a crew member and entered the US under a D nonimmigrant visa
- you are transiting the UK under a C nonimmigrant visa
- you are transiting without a visa
Consequences of Overstaying a Temporary US visa
Firstly, the US immigration authorities will automatically revoke the visa and the visitor will be deported to their home country if this person gets caught. Whereas, those who leave voluntarily after overstaying with face consequences according to the period they overstayed
Moreover, they will be ineligible to apply for a US visa from any country in the world, aside of their home country.
What consequences you will face due to overstaying, it all depends on the period you stayed in the US upon the expiration of your visa and also the way you return to your country (if you were forced to leave, deported or if your left voluntarily).
Overstaying less than 180 days
If your visa has expired, but you have not left the United States the consequences you are going to face depend on the number of days you overstayed. If you overstayed your visa for less than 180 days and then left without being forced, then you are legally admissible to apply again for a US visa.
Overstaying more than 180 days
On the other case, if you have stayed more than 180 days you face a ban from entering the US, for wither three years, ten year or permanent.
- Three-year travel bar. If you have stayed in the US for more than 180 days and you decide to leave without formal removal proceedings (deportation) then you may be barred from reapplying for a US visa for three years.
- Ten-year travel bar. If you unlawfully remain in the US for more than 365 continuous days, but you leave voluntarily without any proceedings being instituted against you, you will be barred from entering the United States for ten years in a row.
- Permanent travel bar. If you have unlawfully remained in the US for more than a year, and you get caught and deported by the US Immigration Authorities, and then again you try to illegally re-enter the country, you will face a lifetime ban.
Exceptions Whose Overstay Won’t Be Held Against Them
There are some people who are exempt from the above listed bars, as following:
- If the overstaying traveler is under the age of 18.
- If the traveler has a bona fide pending asylum application on file with the United States Citizenship and Immigration Services.
- If the traveler has been a beneficiary of the family unity program (for close relatives of people who received green cards as farmworkers or under the amnesty program of the 1980s).
- If the traveler had a pending application for either adjustment of status (a green card), an extension of status, or a change of status.
- If the traveler has been a battered spouse or child who entered on a nonimmigrant visa and can show a connection between the abuse and the overstay.
- If the traveler were a victim of trafficking who can show proof that the trafficking was at least one central reason for the unlawful presence.
- If the traveler has received protection via Temporary Protected Status (TPS), Deferred Enforced Departure (DED), Deferred Action, or Withholding of Removal under the Convention against Torture.
Waiver of the Three- and Ten-Year Time Bars
If you overstay your US Visa but are capable to demonstrate that your spouse or parents who are either lawful permanent residents or US citizens would suffer extreme hardship if you do not get the requested immigration benefit, then a time bar waiver may be applied to you.
However, you must have very strong evidence to prove extreme hardship as, financial, emotional or medical consequences to one of your US family members.
Reapplying for a US visa, after overstaying previously
If you have entered the US under the Visa Waiver Program (VWP) with an Electronic System Travel Authorization, and you have overstayed your authorized period of stay for a few days or weeks, then you will have to apply for a visa next time you wish to enter the US. Among other required documents, you will have to prove the non-immigrant intent and that you have strong ties to your country. You should be very convincing to the consular officer, because even their smallest doubts will result in a visa denial for you.
As for internationals that overstayed their visa (who are not eligible for an ESTA), they will have to reapply for a visa if they wish to enter the US again after overstaying. They will too, have to show strong proof to convince the consular officer that they have no intentions of remaining in the US more than they are authorized to, and prove that overstaying previous US visa happened due to strong reasons.