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[11] 8 - Visa Overstay (Federal)

Civil violation: staying after a visa expires.

Elements

To prove this charge, show that:

  1. The accused committed the act described in the summary.
  2. The act fell within the state or federal authority listed in this code.
  3. The accused acted knowingly.

Nature

A visa overstay is a civil violation, not a crime. A fine and removal proceedings apply.

Notes for officers

Federal charges are filed by authorized agencies or the district attorney. Local officers should consult before filing.

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