Sec. 1. Visa overstays criminalized
314 words·~1 min read·
/bill/115/hr/4974/ih/section-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Immigration and Nationality Act is amended by inserting after section 274D the following: Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall— for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.
If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (a), the alien shall not be subject to the penalties under subsection (a). Subject to section 222(g)(2), any alien convicted of a violation of subsection (a)(1)— may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and may not be granted a visa for a period of 10 years, beginning on the date of the conviction.
Notwithstanding section 222(g)(2), any alien convicted of a violation of subsection (a)(2)— may not be admitted to the United States; and may not be granted a visa. In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission. .
The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following: 274E. Visa overstays. .