New Act Makes Overstaying a Visa by Just 10 Days a Criminal Offense, Punishable by Jail Time and Hefty Fines

The “Visa Overstays Penalties Act” isn't messing around—it dramatically increases the stakes for people who enter the country illegally or, critically, those who overstay their nonimmigrant visas. This bill creates a brand new violation that could turn an administrative slip-up into a criminal record, complete with jail time and serious financial penalties. Essentially, the fine print here is that the government is getting much tougher on status violations.

The 10-Day Cliff: A New Criminal Offense

Right now, overstaying a visa is generally handled as a civil or administrative issue that can lead to deportation and bars on future entry. This bill changes that by creating a specific, brand-new criminal violation for nonimmigrant visa holders. If you are admitted on a nonimmigrant visa (think tourist, student, or temporary work visa) and you fail to maintain your status or leave within 10 days of your authorized stay expiring, you’ve violated the new rule. For a first offense, you could face up to six months in jail, a fine, or both. Imagine a student whose flight home is delayed by weather, pushing them 11 days past their authorized departure date—under this bill, that’s a criminal offense.

Fines Stack Up Fast

On top of the potential jail time, the bill imposes significant civil penalties that stack on top of any criminal fines. For that first 10-day overstay violation, you’ll be hit with a separate civil fine ranging from $500 to $1,000. If you violate your status again, or if you have a prior conviction for illegal entry, the criminal penalty jumps to up to two years in jail. The civil penalties also double for repeat offenders. So, if you’ve already paid a $1,000 civil fine, the next one could be $2,000, and that’s per violation. This structure means that minor status violations could quickly become a crushing financial burden.

Harsher Penalties for Repeat Violators

The act also significantly beefs up penalties for those caught entering illegally or re-entering after removal, especially if they have a history of visa overstays. The fines for illegal entry are going up dramatically, from a minimum of $50 to $500, with the maximum doubling to $1,000. If someone has already paid a civil penalty under the new visa overstay rules, they face these higher illegal entry penalties right away. The key takeaway here is that the bill links the consequences of visa overstays (an administrative issue) directly to the consequences of illegal entry (a criminal issue), creating a compounding effect where a prior status violation makes any future offense much more severe.