hi friends should you overstay your visa or should you go home that’s the question that I’m going to discuss in this video the reason for this question is because under the new notice to appear policy which partially went into effect on October 1st 2018 people are now asking themselves oh my god I just got a denial for adjustment of status meant of status or I was denied to extend my stay here or to change my status from j1 to f1 visa or whatever that visa type is and I have no other lawful status here in the United States and now I’m faced with the possibility of being placed in immigration court and removal proceeded a lot of people are confronted with this issue today and so I want to ask you to think about the ramifications for overstaying your visa versus going home these are not easy issues to explore which I highly recommend that you speak with a lawyer about it ok speak with a lawyer so that you understand fully what the risk are of overstaying your visa versus going back home but let’s dive into that a little bit in this video so the way that it works under our current law is that if you entered our country without inspection and admission at a border meaning at the airport or you know at some land border right canada-us border or a mexico-us border if you did not come in and see an agent right at a CBP Customs and Border Protection agent and present a passport and a visa for entry you did you basically have entered the country without inspection you snuck in so if that’s you or if you came in with a visa and you overstayed that visa meaning that that I 94 date which tells you when you need to leave the country by if you’ve stayed beyond that date you have overstayed okay so if you fall into those two categories and you’re here you will begin to accrue unlawful presence now if you have accrued unlawful present for 180 days and less than a year between 180 days and less than a year you are faced with a three-year bar to re-entry okay if you have overstayed beyond a year you’re facing a 10-year bar now those bars only apply the moment you get on that airplane to leave the United States at that point the bar is slapped on you now waiver a waiver of unlawful presence is available to certain people only to certain people okay so that waiver is available to people who are a spouse or child of a US citizen or lawful permanent resident a green card holder parent okay so if you have a spouse and/or a parent who is a US citizen or a green card holder you may seek this waiver of unlawful present however you must prove that the extreme hardship is facing your spouse and your parent or your parent if you were to go back home okay so you must prove on extreme hardship that’s challenging to prove okay so get screened by a lawyer to talk about whether you what are your chances of success of getting that waiver approved whether extreme hardship exists in your case so that’s one major thing you need to think about the fact that if you overstay you are accruing unlawful present and if you accrue unlawful presence you are now facing a three or a ten year bar and you may or may not be eligible for a waiver of unlawful present now if you go back home let’s say you go back home rather than overstay your visa that is the best thing you can possibly do right that’s a decision for you to make certainly but if you go home and you have overstayed your visa you can and if you have a ten year visa that allows you to travel in and out of the United States you may continue to do so during that period travel back and forth with no major problems right but if you had overstayed and you go home you know you need to understand that getting back to the United States will be a challenge you will need a waiver either a waiver for a non-immigrant visa that you’re pursuing or a waiver for an immigrant visa that you are pursuing I’m not going to get into those issues in this short video but I want you to think about the fact that the immigration process will be much more difficult for you if you overstay your visa and you’re here accruing unlawful presence practically speaking I understand that on a personal level you may say well Latoya I am here in the United States I don’t want to go back home permanently I don’t want to be barred from coming back here another ten be barred for ten years or three years I’m just gonna take my chances and I’m gonna stay here and I’m gonna just stay under the radar that’s your decision to make but under the law you should not overstay your visa and I’m just letting you know what the law says so friends these are so important so these issues are so important and I know that some people are really worried and burdened but talk with a lawyer explore your opportunities explore the risk of overstaying versus going back home and let’s try to sort these things out with a lawyer who you can trust friends I’ve got to get back to work but it’s been a pleasure if you have not yet subscribed to my youtube channel go ahead and subscribe today continue to share my videos with your friends and family and you know the drill guys comment below I’m in the comment tell me your concerns about this issue of overstaying the visa and under the new notice to appear policy give my office a call for a consult and we will explore your issue okay we will strategize together but do so I only talk with folks in a consultation setting and I’m happy to work with you on this issue all right friends have a great one bye-bye