Concerns are mounting within the Korean community as the U.S. Congress pushes forward a bill to criminalize so-called “overstaying”—exceeding one’s visa period. Currently, such overstaying is subject to administrative sanctions under immigration law, such as deportation or entry bans; however, if the bill is finally passed, offenders could face not only fines but even imprisonment, which is expected to significantly increase the importance of managing their immigration status.
According to Congress, the “Permanent Trump Border Safety Act” (HR 9773), proposed by the Republican Party, passed the House Judiciary Committee on the 21st. This bill significantly strengthens enforcement against illegal immigration, with the most notable change being the classification of overstaying as a criminal offense. Under current law, overstaying constitutes a violation of immigration laws but is not a criminal offense.
Therefore, while exceeding the permitted period of stay results in administrative sanctions—such as deportation proceedings or restrictions on entering the U.S. for three or ten years—no criminal record is left. However, the situation will change significantly if this bill is enacted into final law. The bill stipulates that individuals caught overstaying their visas may face a fine of up to $1,000 and imprisonment for up to six months. For repeated violations, penalties have been strengthened to allow for a fine of up to $2,000 and imprisonment for up to two years.
The biggest concern is that a criminal record will be established. If a criminal record is formed—rather than a simple immigration violation—there is a high likelihood of facing significant disadvantages in future re-entry into the U.S., as well as in the screening process for various immigration benefits, such as permanent residency or citizenship. This bill is expected to have a considerable impact on the Korean community as well. It is known that a significant number of undocumented Korean immigrants are not cases of illegal border crossing, but rather instances of overstaying after legally entering the country on tourist visas (B-1/B-2), student visas (F-1), work visas (H-1B, etc.), or the Visa Waiver Program (ESTA). Statistics released by the Department of Homeland Security (DHS) also indicate that cases of overstaying by Korean nationals amount to thousands annually.
Consequently, if this bill is enacted, managing the duration of stay for international students, visitors, and work visa holders is expected to become even more critical. The bill is not yet finalized. It must go through the procedures of a vote in the House of Representatives, a Senate vote, and the President’s signature. There remains a possibility that the bill could be modified or withdrawn during the legislative process. Meanwhile, the Trump administration is also continuously strengthening sanctions against undocumented immigrants. The Department of Homeland Security announced that it is imposing civil fines on undocumented immigrants who fail to leave the country despite receiving deportation orders, stating that fines totalling $84 billion across approximately 103,000 cases have been imposed to date.
Immigration lawyers advise that individuals must exercise extreme caution regarding their immigration status, regardless of whether the bill is finally passed. They emphasized the importance of frequently checking one’s expiration date on the official website (i94.cbp.dhs.gov/home), noting that visa expiration dates are determined based on Customs and Border Protection (CBP) I-94 records rather than passport entry stamps.
Furthermore, they advised that if one has already overstayed their period or faces issues maintaining their status, consulting with a legal expert early to review possible relief procedures or status restoration options, rather than neglecting the situation, can help minimize disadvantages.