4 defenses you can use to beat tourist visa overstay in Georgia
Atlanta, GA – There’s a reason the US has strict laws on tourist visas and citizens in many countries have to meet a long list of requirements to get one. Without these restrictions in place, many would abuse the terms of their tourist visa to remain in the US after it expires.
If you overstay your tourist visa in the United States, you may face serious consequences so you should reach out to an experienced Atlanta immigration lawyer. An attorney can help you understand your rights and options, navigate the complex immigration laws and regulations, and represent your interests in court, if necessary.
Legal consequences if you overstay your tourist visa
If a foreign citizen does not leave US territory before their tourist visa expires, they face legal consequences such as:
Bar from returning: If you overstay your tourist visa by more than 180 days but less than one year, you may be barred from returning to the United States for three years. If you overstay by more than one year, you may be barred from returning for ten years.
Accrual of unlawful presence: Overstaying your tourist visa can result in the accrual of unlawful presence, which can lead to severe immigration consequences, including ineligibility for future visas or adjustment of status.
Removal proceedings: If you are found to be in the United States without valid immigration status, you may be placed in removal proceedings and subject to removal (deportation) from the country.
How to beat visa overstay charges
If you have overstayed your visa in the United States, you may be charged with a violation of immigration law, and you may need to defend yourself in immigration court. Seasoned Georgia immigration lawyers can help you beat those charges by using one or more of the following defenses:
Lack of knowledge
Your lawyers will have to prove that you didn’t know that your visa has expired. You will have to convince the court that you had no intention of violating immigration law, and that you should not be held responsible for the overstay.
Circumstances beyond your control
This type of defense can be used if you can produce evidence you were unable to leave the country due to circumstances beyond your control, such as a medical emergency or a natural disaster.
Hardship waiver
This line of defense can be used if you have close family ties in Georgia and they would face extreme hardship if you were required to leave the country. For instance, if you got married while in Georgia and your wife is currently expecting your first child, your lawyers may be able to apply for a hardship waiver. On the other hand, if you do get married while visiting the country you should apply for adjustment of status to avoid legal troubles.
Equality before the law
If you believe that you have been singled out for enforcement action due to your race, religion, or national origin, you may be able to argue that your rights under the Equal Protection Clause of the U.S. Constitution have been violated.
It is important to note that the defense strategies available to you will depend on the specific circumstances of your case, and that immigration law is complex and subject to change.
If you have any problem concerning immigration, you need to seek legal advice from an experienced attorney at the Kuck | Baxter Immigration LLC law firm in Atlanta and let them help you start a new life in Georgia.
Contact info:
365 Northridge Road
Suite 300
Atlanta, GA 30350
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