INA §222(g)
A nonimmigrant who was admitted on a visa and remains in the United States beyond the authorized period of stay can have that visa automatically voided under INA §222(g). The visa expiration date printed in the passport does not control how long the person may remain in the United States.
The visa expiration date determines how long the visa may be presented for travel. The period the person is authorized to remain in the United States is determined by CBP or USCIS and is generally reflected on the Form I-94 or other admission record.
A visa can remain unexpired on its face and still become void under INA §222(g).
Current Department of State guidance states that §222(g) applies to a person who was admitted on a nonimmigrant visa and remained beyond the period of stay authorized by DHS.
A person admitted until a specific date generally becomes subject to §222(g) by remaining beyond that date, subject to applicable extension or change-of-status rules.
Current DOS guidance states that INA §222(g) does not apply to several categories because they were not admitted on a nonimmigrant visa.
Current DOS guidance states that a person admitted for duration of status, or D/S, generally becomes subject to INA §222(g) only after USCIS, an immigration judge or the BIA formally finds a status violation.
An officer deciding a later visa application does not simply make an independent retroactive D/S violation determination for §222(g).
DOS guidance states that if a person possesses two valid visas, only the visa used to enter for the stay that produced the §222(g) violation is automatically void under that provision.
If INA §222(g) applies, the visa used for that admission becomes void even if it appears unexpired.
No. DOS guidance states that VWP entrants are not subject to §222(g) because they were not admitted on a nonimmigrant visa.
Not where the person was admitted D/S. Current DOS guidance requires the relevant formal status-violation finding before §222(g) applies.
These government materials provide the principal INA §222(g) and visa-overstay framework discussed on this page.
The answer depends on the admission document, I-94, manner of entry, D/S rules and any extension or status-violation decision.