Extended Consequences of Over Staying Visa – 3/10 Year Ban

Extended Consequences of Over Staying Visa – 3/10 Year Ban


The legal consequences of overstaying your visa in the United States are quite simple to understand. The longer you overstay your welcome, the longer you will be banned from returning. At this time, they are as follows:


  • 3 Year Ban: Issued when the individual’s visa has been expired for more than 180 days, but less than one year.


  • 10 Year Ban: Issued when the individual’s visa has been expired for more than one year.


In both instances, the individual must leave the US before the deportation proceedings have started and their ban starts on the day of departure. Once a visa has expired, the individual cannot extend their stay in the US, nor change their status to a different nonimmigrant status. Commonly referred to as the “3/10 year ban”, an individual must be able to prove that their deportation will result in a U.S. citizen suffering “extreme hardship.”


Is the 3/10 Year Ban Effective?

While the ban was enforced in an effort to “get tough” on illegal immigrants, there were still an estimated 11.3 unauthorized immigrants living in the United States as of 2014. It is believed that approximately 40% of these individuals are here on expired visas. As a result, it is easy to argue that it not nearly as effective as the government had believed it would be.


The Families that are Left Behind

Although there is little doubt that immigration laws are not particularly successful, it is harder to say whether they are good or bad. After careful thought it does become quite obvious that the 3/10 year ban is not something to be proud of. The truth is, it actually puts unnecessary strain on families, particularly the children who become members of families that are not only fractured, but are separated by entire continents.


The statistics regarding children raised in single parent homes are especially bleak.


  • They are more likely than children that grow up in 2 parent homes to abuse drugs and alcohol.


  • They are more likely to take part in a violent crime or join a gang and twice as likely to go to jail.


  • They are four times as likely to suffer from emotional or behavioral problems.


  • They more frequently abuse alcohol and drugs.


  • They have significantly lower levels of education and are twice as likely to drop out of school.


This is just a small sample of the statistics linked to kids raised in single parent homes. Keep in mind that if one parent is deported, the child is more likely to stay in the United States, meaning that the US will reap the repercussions of their crimes, drug use, and more.


A Life of Poverty

Along the same lines, 41% of children living in single parent homes live in poverty, making them eligible for government benefits including Medicaid and Food Stamps, compared to 14% of the children living in 2 parent homes. The United States will become responsible for providing food and health care to these children, something that may not be the case if one parent is not banned from the country for an extended period of time.


Overall, while the idea behind immigration laws may be good, implementing them may only result in problem that could have been avoided.


Robert Rogers | Attorney at Law