Immigration Glossary Terms

Out of status

A nonimmigrant visitor violates his or her status or becomes “out of status, if any of the following occur: (1) the person stays in the U.S. beyond the expiration date of the status granted; (2) the person engages in employment without specific authorization; or, (3) the person engages in an activity that is not consistent with the status in which the person was admitted. A person who violates his or her status, becoming “out of status”, becomes legally removable as of the moment the violation takes place. If the USCIS becomes aware of such a violation of status they have the right to file an order for removal from the U.S. against the person. If the violation of status is then proved at a removal hearing, the person will be ordered removed.

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