Do I overstay or do I go home?

Jun 02, 2019 News

By Attorney Gail Seeram

Many visitors or tourists that enter the U.S. struggle with the question of whether to overstay in the U.S. on their B-1/B-2 nonimmigrant visa or go back to their native home. This is a very personal decision that has devastating consequences if U.S. Immigration and Customs Enforcement apprehends someone who has overstayed.
U.S. Department of Homeland Security (DHS) revealed in its 2018 Entry/Exit Overstay Report that some 3,220 Guyanese overstayed in the US on non-immigrant visas, after arriving for business or on vacation.
According to the report, over the period of October 2017 to September 2018, during which time 66,416 Guyanese were supposed to depart from the U.S. and return to Guyana. These figures represent a 4.85% overstay rate and are an increase from the previous year, when 2,262 Guyanese also overstayed their time.
Last year there was a significant decline in the number of visitors’ visas issued by the US Embassy in Guyana. According to a visa summary provided by the US Department of State’s Bureau of Consular Affairs, a total of 4,923 visitors visas were approved by the US Embassy during the 2018 fiscal year. This is a whopping 20,000-plus decline compared to the 25,338 visas granted in 2017. It was also significantly less than the 51,202 visas in 2016; 30,121 in 2015; and 17,284 visas in 2014.
US President Donald Trump ordered his government to crackdown on persons legally entering the US but overstaying their time. He signed a memorandum last month, in which he ordered the US State Department and the DHS to submit their plans for cracking down on such illegal immigrants.
This memo, issued on April 22, had suggested, among other things, measures such as “suspending or limiting entry of nationals of those countries who hold B-1 or B-2 visas; targeted suspension of visa issuance for certain nationals; limits to duration of admission, to be implemented by the Department of Homeland Security; and additional documentary requirements.”
If a visitor decides to overstay, he/she should consult an immigration lawyer to make an informed decision about options for getting legal status in the U.S.

Attorney Gail Seeram, LL.M., J.D., BBA
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