Going to jail for overstaying your visa is often a result of more extreme circumstances such as:
- Overstaying for longer than a certain time. For example, you decide to stay a full year and you were only allowed 30/60/90 days to 6 months.
- Being a repeat offender
- Refusal to pay the fine
What is the penalty for overstaying your visa in China?
Usually, the penalty is CNY500 per day not to exceed CNY10,000. 2. If one overstays the visa for a significant period, usually over one month, he might be put into a detention camp for 5 to 15 days and repatriated to his home country.
What is overstaying in China?
Home / Embassy / Visa /. Overstaying, also called illegal residence, means that one remains in a country after his/her visa or residence permit has expired. If an alien’s total length of stay in China exceeds the appointed time on the visa, it will be deemed to have overstayed the visa.
What happens if you overstay your visa?
We go through each of the time frames below. So if you overstay your visa between one day and six months, then you are going to probably be okay. Now when I say probably okay, it depends on future activity.
What happens if you have a bad visa record in China?
Even worse, you run the risk of being blacklisted or even banned from entering China for up to ten years. Not to mention that this bad record can affect visa application for other countries because it is recorded in a database that is shared by all embassies and consulates around the world.
What is the penalty of overstaying in China?
500 RMB per day1. If the overstaying period is short (not exceeding a month) you will be given a warning, be required to pay a fine, and possibly given an exit visa. The penalty is set at 500 RMB per day with a ceiling of 10,000 RMB. The penalty is to be paid in cash or through a local Chinese bank card.
What happens if my Chinese visa expires?
Chinese embassies and consulates general do not extend the validity of an issued visa. A fresh application is needed after the expiry of the issued visa. Foreigners holding an expired visa seeking entry will be refused. Make sure the visa is valid before you set off for China.
Is overstaying a criminal Offence in China?
You may apply for extension of the duration of stay of your visa at a local public security authority at the county level and above before the expiration of your stay. Overstay will violate the law of China and will result in punishment. 19.
What is the punishment for overstaying a visa?
Some of the consequences of overstaying your visa status are: Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”. Visa overstays may be restricted from applying for Extension of Stay or Change of Status.
How long can I stay in China without a visa?
The government of the People's Republic of China allows holders of ordinary passports issued by some countries to travel to Mainland China for tourism or business purposes for up to 15, 30, 60 or 90 days without having to obtain a visa.
Can you go to jail for overstaying your visa?
“[U]under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility…
Can I go back to China after being deported?
The penalty decision made by the Ministry of Public Security shall be final. Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation.
How long can foreigners stay in China?
Tourist visas are typically offered on a single-entry, double-entry, or multiple-entry basis with the duration of stay ranging from 30 days to 90 days. Citizens from the US and Canada may be eligible for multiple-entry L-Visas valid for 10 years.
Can I extend my visa in China?
You may apply for an extension of the “duration of stay” of your visa at a local public security authority before it expires, but without an assumption that the application will be automatically approved. Overstay violates the laws of China and will be punished.
Can an overstay be forgiven?
Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.
What happens if you leave a country with an expired visa?
Visas allow travelers to stay in another country for a certain period of time before they must leave. Those who overstay their visa and remain in the country will usually face consequences and possibly prosecution by local immigration authorities.
What happens if you overstay your visa by one day?
Automatic Visa Cancellation After an Overstay Even an overstay of one day will result in your visa being automatically cancelled. So if you had a multiple entry B-2 visa, you are out of luck; it will no longer be valid for U.S. entry. (See Section 222(g) of the Immigration and Nationality Act (I.N.A.)
Can you renew a Chinese visa?
Can I extend the duration of stay of my visa in China? You may apply for an extension of the “duration of stay” of your visa at a local public security authority before it expires, but it doesn't mean that the application will be automatically approved. Overstay violates the laws of China and will be punished.
How do I extend my Chinese visa in China?
Generally speaking, it is not possible to renew, extend a China visa or change it into another type once it is issued. However, if you want to spend more time there, want a multiple-entry visa, or need to have a different type of visa, you can - in many circumstances - apply within China.
How do I renew my Chinese work visa?
To renew a work permit, a company must provide the labour bureau with a renewal application form along with the employee's labour contract, passport, residence permit and current work permit. Applying for a new work permit under China's recently revised system is much more costly and time consuming than renewing one.
How do I check if my Chinese visa is still valid?
The validity of a China visa is the period between the "Issue Date" and "Enter Before" date shown on your visa. It is usually 3 months, 6 months, 1 year, and sometimes even 10 years. Holders please note that they must enter mainland China before 24:00 of the "Enter Before" date.
What happens if you apply for a visa too late?
If you apply too late, you may overstay and are subject to a fine and possible deportation. Once your visa is extended, the new dates start from the day you receive your new visa – NOT from the day your old visa was going to end.
What to do if you are overstaying?
With that laid out, if you are indeed in an overstaying situation then you should report to the local police station as soon as possible, pay the penalty, and then apply for an exit permit in order to be able to leave the country.
How long does it take to get a visa extension?
Usually, the PSB will decide whether to grant the visa extension within 7 working days, upon the acceptance of all application documents.
What documents are needed for a Chinese tourist visa extension?
Reason for the extension along with relevant supporting documents, such as, for Tourist (L) Visa, individuals should submit travel plan and itinerary, group tourists needs extra certificate and proof of the travel agency; for Business (M) Visa, certification letter provided by the local host organization /individual is necessary; for Family (Q2) Visa, the invitation letter, ID certification and proof of family membership is needed; for Short-term Student (X2) Visa, you need to submit studying certificate provided by Chinese educational or training institutions.
Where to go to get a passport in China?
You must go to the Public Security Bureau (PSB) Exit and Entry Administration office, situated in all larger towns and cities of China. In normal cases, you should submit the application in person.
Can multiple entry visas be extended?
The length of the extension depends on the type of visa and multiple entry visas cannot be extended.
What is a visa overstay?
This article discusses situations where someone came to the United States on a temporary or non-immigrant visa or through the visa waiver program. When they got to the U.S., they were given a deadline in which to leave.
Overstay Less than Six Months
So if you overstay your visa between one day and six months, then you are going to probably be okay. Now when I say probably okay, it depends on future activity. In other words, you might have problems dealing with getting a visa renewed, if you had a one time entry visa, and you overstayed in that under six month period.
Overstay Between Six Months and One Year
Then we have the people who overstayed between six months and under a year. Now for those people they’re going to have, what’s called a three-year bar. A three-year bar, which means they’re not going to be allowed entry into the United States for three years from the date of their last exit.
Overstay More than One Year
And then of course, we’ll talk about the people who overstayed by one year. Now, these people have a 10 year bar. So same scenario. You come to the United States on a visit visa or a student visa, your legal time in the United States ends, and you overstay by more than one year. Then you’re going to have a 10 year bar.
How an Experienced Immigration Lawyer Can Help
Our immigration law firm, Hacking Immigration Law, LLC, helps people who are inside the United Status but not in lawful immigration status to figure out their situation and to try and make things better. It’s what we do every day. If you or a loved one finds yourself in this kind of a situation, please call us at (314) 961-8200.
