It’s important to define what a visa overstay means because it isn’t as obvious as many think. When a foreign national remains in the United States longer than the authorized stay, it’s called “overstaying” a visa. An overstay includes a non-immigrant visa holder who was lawfully admitted to the United States for an authorized period but stayed beyond his or her authorized admission period. Also, the U.S. government will also consider non-immigrants admitted for “duration of status” who fail to maintain their status an overstay. “Duration of status” is a term used for foreign nationals admitted for the duration of a specific program or activity, which may be variable instead of for a set timeframe.
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