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The B-2 Visa Holder's Overstay and ICE's Policy for Deportation

Hi William:

I entered the U.S. with B-2 tourist visa with intention of studying in U.S. for a degree program. Until now I have overstayed about 2 months after 6 months in B-2 visa, because my B-2 extension application was denied. I heard that I am now "deportable" by USCIS. Is that true? and is any way to avoid it? 

Answer:

A foreign national who has traveled to the United States on a visitor (B-2) visa is generally admitted for a maximum stay of six months. If you stays beyond your lawful admission without requesting and obtaining an extension, you are deportable from the United States. The fact that an individual is legally removable from the United States does not necessarily mean that U.S. Immigration and Customs Enforcement (ICE) is required to take action to remove the person for the status violation. 

The decision of whether to begin removal proceedings, or whether to physically remove a foreign national from the United States, is one left to the discretion of ICE personnel. There are instances in which a case might present exceptional humanitarian factors that warrant the decision not to remove an individual from the United States, such as ill or taking care of ill family member.








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