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New Penalties for Visa Overstays in the US

This bill introduces strict penalties for individuals who remain in the U.S. after their visa expires. These include fines, imprisonment, and re-entry bans, directly impacting those planning stays in the United States.
Key points
Individuals overstaying their visa may face fines or imprisonment up to 6 months for a first offense, and up to 2 years for subsequent offenses.
A first visa overstay offense can result in a 5-year ban from entering the U.S. and a 10-year visa ban.
Subsequent visa overstay offenses can lead to a permanent ban from entering the U.S. and a permanent visa ban.
Exceptions to penalties may apply for medical necessity, public safety, or national security reasons, determined on a case-by-case basis.
All applicants for admission or visas to the U.S. will be notified of these new penalties.
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Additional Information
Print number: 117_HR_90
Sponsor: Rep. Duncan, Jeff [R-SC-3]
Process start date: 2021-01-04
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Summarized by: gemini-2.5-flash-preview-05-20
Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

Visa Overstay Enforcement Act of 2021

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 117_HR_90.

Which chamber initiated this legislation?

This legislation was initiated in the House of Representatives.

When did the legislative process begin?

The process officially started on 2021-01-04.

What are the main provisions?

Key points include:

  • Individuals overstaying their visa may face fines or imprisonment up to 6 months for a first offense, and up to 2 years for subsequent offenses.
  • A first visa overstay offense can result in a 5-year ban from entering the U.S. and a 10-year visa ban.
  • Subsequent visa overstay offenses can lead to a permanent ban from entering the U.S. and a permanent visa ban.
  • Exceptions to penalties may apply for medical necessity, public safety, or national security reasons, determined on a case-by-case basis.
  • All applicants for admission or visas to the U.S. will be notified of these new penalties.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Rep. Duncan, Jeff [R-SC-3].

What is the latest detailed status?

The latest detailed status is: Referred to the Subcommittee on Immigration and Citizenship.

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-28.

CATEGORIES

Migration Courts and Law Security