§222(g) visa voidance — consequences map
INA §222(g) is a stand-alone consequence of overstay: once you pass the I-94 admit-until date the visa is void and must generally be reapplied for in the country of nationality. It is a separate track from UP and the 3/10-year bar.
Last reviewed: 2026-06-27
§222(g) is a long-standing statute; it runs on its own track separate from UP and the 3/10-year bar. Do not collapse the three.
One line: Overstay triggers §222(g) visa voidance; the next visa application generally has to be filed in the country of nationality. This is a separate track from unlawful presence (UP) and the 3/10-year bar — three independent paths.
What §222(g) acts on
§222(g) targets the visa itself. It answers “can this nonimmigrant visa still be used to apply for entry?”, not “is this person lawfully present?”
- Trigger: Passing the I-94 admit-until date — i.e. an overstay.
- Direct effect: The current visa is void — even if multi-entry, even if still “valid” on paper.
- Follow-up path: The next visa must generally be applied for at a consulate in the country of nationality — no nearby third-country shopping.
Three independent tracks: §222(g) vs UP vs 3/10-year bar
A common source of confusion. All three have different triggers and different settlement rules, and can stack in any combination.
| Dimension | §222(g) | 3/10-year bar | Permanent bar |
|---|---|---|---|
| Statute | INA §222(g) | INA §212(a)(9)(B) | INA §212(a)(9)(C) |
| Trigger | Factual overstay past I-94 date | Single continuous UP > 180 days (3 yrs) or ≥ 1 year (10 yrs) + departure | Aggregate UP > 1 year + later reentry / attempt without admission |
| Layer | Visa document (void) | Entry inadmissibility | Entry inadmissibility |
| Duration | Does not lapse; must reapply | 3 or 10 years | 10 years, then consent to reapply |
| Where to reapply | Country of nationality (narrow exceptions) | Normal rules for the class | After 10 years + consent to reapply |
Combination cheat sheet
- Overstay 60 days, depart: §222(g) triggers; UP 60 days but < 180, so no 3/10-year bar; no permanent bar.
- Overstay 200 days, depart: §222(g) triggers + 3-year bar.
- Overstay 2 years, depart, later EWI reentry: §222(g) already triggered; 3/10-year bar in play; because aggregate UP > 1 year plus a later reentry without admission, permanent bar attaches.
- I-94 passes during a timely-filed pending EOS: authorized stay generally continues, no overstay, §222(g) does not trigger; if the EOS is denied, the clock restarts from that date.
Legal terminology quick reference
Split by axis + events; click a term to jump to the matching definition section on this site.
| 中文 | English | Axis / Category | One-liner |
|---|---|---|---|
| 合法身份 | lawful status / legal status | status axis | Complying with classification conditions; a subset of authorized stay. |
| 失去身份 | out of status | status axis | Violation of classification conditions; ≠ automatic UP accrual. |
| 授权停留期 | period of stay authorized | presence axis | The §212(a)(9)(B) primary anchor; UP does not accrue during this period. |
| 非法滞留 (UP) | unlawful presence | presence axis | Accrues in real time in-country; settles into a bar upon departure. |
| 超期停留 | overstay | event | Past the I-94 date; triggers §222(g) visa voidance. |
| 离境 | departure | event | The event that settles accrued UP into a 3 / 10-year bar. |
| §222(g) 签证作废 | §222(g) visa voidance | event consequence | Triggered by overstay; decoupled from UP / bar mechanics. |
| 3 / 10 年禁令 | 3 / 10-year bar | settlement outcome | INA §212(a)(9)(B); single continuous UP; activates on departure. |
| 永久禁令 | permanent bar | settlement outcome | INA §212(a)(9)(C); aggregate UP > 1 year + later reentry/attempt without admission. |
Where to verify
Frequently asked (FAQ)
What triggers §222(g)?
Factual overstay: one day past the I-94 admit-until date and the current nonimmigrant visa is void by operation of law. D/S admissions do not have a fixed date, but once USCIS or an IJ finds status ended, later overstay analysis can bring §222(g) into play.
Is §222(g) just another name for the 3/10-year bar?
No. §222(g) is about visa voidance (the consular entry document); the 3/10-year bar is inadmissibility under §212(a)(9)(B). They can co-occur or occur separately — e.g. a 60-day overstay triggers §222(g) but not the 3-year bar, because UP is under 180 days.
What happens to the visa after §222(g) kicks in?
The voided visa is no longer a valid entry document. The next visa application must generally be filed at a consulate in the country of nationality; narrow exceptions are decided by DOS, not self-declared.
Are there exceptions to §222(g)?
Rare cases: DOS may waive the country-of-nationality requirement if that country is inaccessible due to war or unrest, or for certain classifications. The set of exceptions is narrow — do not assume you qualify.
Does §222(g) trigger during a pending EOS/COS?
A timely-filed EOS/COS usually preserves authorized stay and is not treated as overstay, so §222(g) does not trigger. If the application is denied or abandoned (e.g. by departure), the analysis restarts from that point.
Does §222(g) apply to D/S admissions (F/J/I)?
D/S has no fixed end date, so classic 'past the date' overstay does not apply. But once status is terminated by USCIS or an IJ, subsequent facts can put the person into overstay territory. If ICEB-2025-0001 is finalized, F/J/M switch to a fixed admission date and the §222(g) trigger becomes much tighter.
Can I still use a voided visa at a land border?
No. Once §222(g) triggers the visa is legally invalid for any port — air, land, or sea. Attempting entry with a voided visa can add §212(a)(6)(C) misrepresentation risk on top.
Does §222(g) expire with time?
No. Visa voidance is not a cooldown; a new visa must be applied for. The 3/10-year bar is a separate clock — even if that bar has expired, it does not reinstate a §222(g)-voided visa.
Sources this page relies on
- Statute · 1996INA §212(a)(9)(B): statutory 3 / 10-year bar
Enacted in IIRIRA 1996: more than 180 days but less than 1 year of UP followed by departure triggers the 3-year bar; 1 year or more triggers the 10-year bar. The clock counts UP; the trigger is the departure.
- Statute · 1996INA §222(g): visa voidance after overstay
If a nonimmigrant overstays the I-94 admission period, the visa is automatically void; a new visa must generally be sought at a consulate in the country of nationality.
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