It is important that when a nonimmigrant departs the United States, his or her departure be recorded in the system.This is done when the person hands over the white-colored I-94 card to the airline counter upon departure.

The I-94 card was initially issued at the point the nonimmigrant was previously admitted into the US at the port of entry. Those who entered under the Visa Waiver program were issued the green-colored I-94W card, which must also be handed in at the time of departure.

Since the US does not yet have official exit inspection checkpoints, a departing traveler is left to the mercy of the airline official, who might not ask him or her to hand over the I-94 card. Even if the airline official collects the I-94 cards, there is some chance that they might not all be submitted to Customs and Border Control (CBP)- the office within Department of Homeland Security which is responsible for admitting non-citizens into the United States. If the I-94 card is not recorded in the system, it will lead to an inference that this person never departed the United States.

Under Section 222(g) of the Immigration and Nationality Act (INA), as soon as the nonimmigrant overstays beyond the date stated on the I-94, the visa stamp on the passport is automatically voided. For example, Jane Patel, an Indian citizen, has a ten year multiple entry B-2 visa in her passport valid from October 1, 2005 till September 30, 2015.

She was admitted into the United States on July 15, 2007, and the I-94 card that was issued to her indicated that she could stay in the United States until January 14, 2008. If Jane Patel has stayed in the US beyond January 14, 2008, her 10-year visa is automatically voided.

If she tries to enter in the US on this multiple entry visa at a future date, she will not be admitted and will either be asked to withdraw her admission or could also be subject to a summary removal order barring her for a period of five years.

Thus, Jane Patel would need to apply for a new B-2 visa at the US Consulate in India, which is her country of nationality. Under 222(g), she will be precluded from even applying for a new B-2 visa in another country outside her country of nationality, such as Canada, unless she can demonstrate extraordinary circumstances.

When she applies for the new visa at the US Consulate, she will have a lot of explaining to do in order to convince the consul that she is still a nonimmigrant who has no intention of abandoning her residence in the foreign country. Moreover, overstaying the B-2 visa beyond January 14, 2008 would also subject Jane Patel to unlawful presence.

Thus, if Jane Patel was unlawfully present in the US 180 days beyond her authorized stay, Janauary 14, 2008, and then departed the US, not only would her visa have been voided but she is now barred for 3 years from entering the US.

If she stayed 1 year beyond January 14, 2008 and left the United States, Jane Patel will be barred for 10 years from reentering the US. (To be continued)