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Failure to maintain nonimmigrant visitor status

Failure to maintain NIV status includes such things as student who fails to maintain a full course load or transfers schools without permission as well as  a temporary worker who changes jobs without government authorization. Incarceration of a nonimmigrant visitor is deemed a breach of status because status cannot be pursued in jail.

Amazingly, a person who overstays the time granted upon entry are also subject to removal even if they are remaining while they await pending removal proceedings.

 

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