"Out of status" in immigration refers to the designation given to a visitor, typically a visa bearer, who violates the terms and conditions outlined by the Department of Homeland Security (DHS) Customs and Border Protection (CBP) for entry into and stay in the United States.

Visa Types

Any visa bearer can become of out of status including student (F) or temporary worker (H) visa holders.

Form I-94 Violations

Upon entry, a visa bearer receives an I-94 "Arrival/Departure Record" card outlining a departure date (end of approved visitation status) or "D/S" (duration of status) notation for visitors participating in academic or work programs. Staying within U.S. borders past the departure date or after discontinuation in a program results in a "out of status" designation.

Other Violations

CBP inspectors outline requirements by visa type that bearers must follow while in the U.S. A bearer immediately becomes out of status if any requirement violation occurs including unapproved or illegal activities.

Consequences

An out of status designation not only results in revocation of a bearer's visa, but typically the immediate request that the bearer leave the U.S. In addition, violation(s) can result in legal action or arrest and re-entry may be refused for several years or permanently.

Additional Consideration

Holders of Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Records or "green cards," also become out of status by violating CBP requirements or U.S. laws.

Source:

U.S. Department of State

U.S. Department of State: Classes of Aliens Ineligible to Receive Visas

U.S. Department of Homeland Security