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Criminalizing Visa Overstays: New Penalties and Permanent Reentry Bans.

This bill amends the Immigration and Nationality Act to make it a criminal offense to remain in the U.S. after a visa or lawful status expires. Individuals who overstay could face fines, imprisonment, and bans on returning to the United States (either for a specific period or permanently). The law mandates that applicants be notified of these penalties both when applying for admission and upon entry.
Key points
Overstaying a visa becomes a criminal offense, punishable by up to 6 months in prison for the first violation.
Subsequent violations carry penalties of up to 2 years in prison and a permanent ban on admission and visa issuance.
The government must disclose these penalties to all applicants upon application and again at the time of admission.
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Additional Information
Print number: 118_HR_777
Sponsor: Rep. Duncan, Jeff [R-SC-3]
Process start date: 2023-02-02