This bill would amend the Immigration and Nationality Act to criminalize visa overstays. It’d make the first visa overstay punishable by a fine or imprisonment for no more than 60 days, and subsequent overstays punishable by a fine or imprisonment for up to two years. The Dept. of Homeland Security (DHS) would have discretion to determine exceptions to these cases for individuals who overstayed their visas due to medical necessity, public safety, or national security considerations.
Any foreign national convicted of overstaying their visa would be subject to entry limits. For first-time offenders, they couldn’t be admitted to the U.S. for five years, beginning on the date of their conviction for overstaying their visa, and couldn’t be granted a visa for a period of 10 years beginning on the date of the conviction. For subsequent offenses, they’d be banned from entering the U.S. or being granted a visa for life.