Visa Overstays Penalties Act

Visa Overstays Penalties Act (H.R. 3781) would expand penalties tied to two categories of immigration violations under the Immigration and Nationality Act. First, it would increase penalties for illegal entry and presence (existing 8 U.S.C. 1325 offenses) and broaden when those penalties apply by adding a trigger for prior violations under a new visa-overstay provision. Second, it creates a new subsection (e) that defines and penalizes “visa overstays”—when a nonimmigrant has failed to maintain status or meet the conditions of their visa for a cumulative total of at least 10 days. For overstays, the bill imposes criminal penalties (up to 6 months for the first violation, up to 2 years for subsequent violations or prior related convictions) and mandatory civil penalties (at least $500 and up to $1,000 per violation, with possible doubles for repeats). The bill also raises the monetary penalties for illegal-entry/presence offenses and links civil penalties to repeat offenses and prior civil penalties.