Immigration Blog

U.S. Immigration & Customs Enforcement (ICE) Targets Foreign Nationals who Stayed in the United States Past the Period of their Visa Entry:

The ICE Homeland Security Investigations, Document and Benefit Fraud Task Force (DBFTF) targets not only identity fraud and immigration benefit fraud but also foreign student visa violators and other foreign nationals who enter the United States with visas and stay longer than allowed. So if a foreign national enters the United States with a valid visa but does not depart when he or she should, ICE may track down the person’s location and request that the person comes to a local ICE office.

At the appointment at the ICE office, the foreign national will be fingerprinted and served with immigration documents to place him or her into removal/deportation proceedings in front of an Immigration Judge. Depending on the foreign national’s circumstances, ICE agents may decide to detain the individual on the spot or allow the individual to return home and then attend the Immigration Court hearing whenever scheduled.

This is occurring even if the foreign national has never applied for any immigration benefit once inside the United States and even if the person has no criminal record or prior record of fraud or other violations.

Any person who overstayed a visa should consult with an immigration attorney to see what options may be available to him or her. DMCA has a team of qualified attorneys to assist individuals and families in these situations.