When applying for a U.S. Visa, your character is an important part of your application.
Sadly, documented violations will harm the Immigration officer's perception of your moral
character, and in turn will harm your chances of having the visa approved. However, it is
important to note that while the process will become more difficult, you still have a chance of
receiving another U.S. visa and even a Green Card.
Typically, Visa violations include the following:
● Overstaying on a visa (the most common)
○ Overstaying refers to when the visa recipient stays in the U.S. longer than their
visa permitted them to lawfully. Every day that the visa recipient overstays
accrues “unlawful presence”
● Entering the United States without going through inspection with Customs and Border
● Criminal activities, as the visa recipient is subject to all U.S. laws, while in the U.S.
● Marriage Fraud or Documentation Fraud
● Violations of the specific terms of the visa
If you overstay your visa, your visa will be considered void, and you will have to return
to your home country to apply for a new one. However, if you overstay your visa for more than
180 days (if you have 181+ days of unlawful presence), you will have to return to your home
country and be barred from applying for another visa for 3-10 years. The length of time you are
barred from applying for another visa will depend fully on the length of time you were in the
U.S. unlawfully, and if your intention for staying was purposeful or bred from negligence.
While you are still able to apply for another visa, and even later a green card, with visa
violations. You will have to prove to an immigration officer during an interview that you will not
do it again. In other words, you will have to demonstrate that your moral character has changed,
ever since the last visa violation.
If you are considering applying for a visa after receiving a visa violation, do not hesitate
to contact Ramona Kennedy. Attorney Ramona Kennedy cares about your case and will fight for
It is advisable to seek legal guidance from our office today as we strive to help guide you
with your specific case. You can contact attorney Ramona Kennedy Law Offices (Kennedy Law
LC) for an initial consultation and case evaluation. Of course, the first consultation is free of
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