What happens if you misuse the United States visa?

If you already have a B1/B2 American visa, even for a maximum period of 10 years, you should know that it does not mean that you can stay continuously in the country for a decade or that it serves you to work.

Although the tourist visa for the United States has a maximum validity of up to 10 years, each time you travel, the agent of the Office of Customs and Border Protection (CBP) will determine how long you can stay for each visit. Generally, it allows you to stay up to 180 days for each visit, but what happens if you exceed the indicated date?

WHAT HAPPENS IF YOU MISUSE THE VISA FOR THE UNITED STATES

The Department of State explains on its website the sanctions for staying longer than allowed in the United States without a previously authorized stay extension, which can result in the cancellation of your visa and, if you do not leave voluntarily, you may be deported. If you stay to live in the United States with an expired visa, it complicates any future immigration procedure.

• If you exceed the end date of your authorized stay, Customs and Border Protection (CBP) or United States Citizenship and Immigration Services (USCIS) will automatically invalidate or cancel your visa.

Sanctions

• If you stay one or more days: you accumulate unlawful presence and it complicates any future immigration procedure.
• If you stay more than 180 days and leave, the automatic punishment is three years without being able to enter the United States.
• If you stay more than one year and leave: the punishment is that you will not be able to return to the United States for 10 years.

CAN I APPLY FOR A VISA AGAIN IF IT WAS CANCELLED?

To enter the United States after your visa is cancelled, you have to apply for a new one. However, the risk of being denied is high.

WHY YOU SHOULD NOT WORK WITH A TOURIST VISA IN THE UNITED STATES?

When you decide to start working using your tourist visa, you enter an illegal working condition. If you are discovered by the authorities of the United States Department of Labor, they can immediately cancel your visa and, at the same time, you will receive a penalty or ban from entering the country, which ranges from 10 years to being permanently barred.

To perform any type of work, you must have a work permit or have a residence permit, known as the green card.