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Visa Overstays in the U.S.

The fact-check discusses how visa overstays are handled in the U.S., including the current civil immigration violations and proposed legislation to criminalize some overstays.

Fact-Checks

2 results
Jan 17, 2026
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What are the legal differences between 8 U.S.C. §1325 and §1326 and how are they prosecuted today?

8 U.S.C. §1325 criminalizes unlawful entry as a misdemeanor—applied to people who cross without inspection, avoid examination, or make false statements—punishable by fine and up to six months in jail ...

Jan 11, 2026

is visa overstay a crime?

Visa overstays are primarily a civil immigration violation under current U.S. practice: they trigger “unlawful presence,” automatic visa cancellation, removal proceedings, and re-entry bars rather tha...