Immigrants and nonimmigrants may be subject to removal from the United States on the ground that they have violated their status for being in the country. Aliens who have lost or violated their residence status may qualify for an exception or may be able to obtain a waiver.

Student Visa Abusers

Students admitted into the United States under F-1 visas may be removed and be subject to a five-year inadmissibility determination for violating the requirements of their F-1 visa status. Examples of acts constituting violations include:

  • Failing to attend the school that the student was authorized to attend
  • Failing to follow procedures in transferring to other schools
  • Failing to maintain full-time student status
  • Failing to attend school
  • Failing to renew the F-1 visa to continue to the next educational level

Aliens Lacking Proper Documentation

Aliens who fail to maintain proper or valid documentation such as passports, visas and border crossing cards are considered to be status violators and may be subject to exclusion, removal. Examples of status violators include:

  • Aliens without any documentation
  • Aliens who work without authorization
  • Holders of expired passports or visas
  • Nonimmigrant visa holders who intend to remain permanently in the United States
  • Persons holding special permit visas or reentry permits that were improperly issued to former residents whose original residence was not lawful or whose absence was not temporary
  • Holders of immediate family member visas who are later found not to be immediate family members
  • Holders of visas that were obtained by fraud, fraudulent means, or the willful misrepresentation of a material fact

Aliens Unlawfully Present

Aliens unlawfully present in the United States are considered to be status violators and are ineligible for admission or reentry for three to ten years from the date of departure. Generally, the term unlawful presence had been defined to mean:

  • Periods of stay beyond the date noted on the visa or border crossing card
  • Continued presence in the United States after a determination of a status violation in adjudication of an immigration application or in an exclusion, deportation or removal proceeding

Exceptions to the three-year and ten-year bars to admission or reentry may apply to:

  • Minors
  • Refugees
  • Asylees
  • Alien beneficiaries of family unity protection
  • Battered women and children
  • Victims of human trafficking
  • Cubans, Haitians, and Nicaraguans who apply for adjustment of status
  • Aliens granted withholding of removal or cancellation of removal pending adjustment
  • Aliens under a current grant of deferred enforcement of deportation or temporary protected status
  • Aliens with properly filed applications for adjustment of status
  • Exchange visitors (J status) who hold I-94 cards marked "D/S" (Duration of Status) and who are subject to the two-year home-residence requirement (not all J visitors are) and are seeking to have it waived

Aliens who are unlawfully present for more than one year or who were ordered removed may be subject to a permanent bar. However, they may reapply for admission after waiting 10 years and after obtaining the Secretary of Homeland Security's consent to their reapplication.