Understanding Immigration Enforcement Risks and Options in Charleston, SC

Last Update: July, 2025

Immigration policies and enforcement priorities are constantly shifting. For individuals in Charleston who may have overstayed their lawful status, it is crucial to understand both the risks of remaining out of status and the potential legal remedies available. This article outlines key concerns, options, and resources to help you make informed decisions about your immigration case.

The Risks of Overstaying Your Visa

Overstaying a visa can trigger serious legal and personal consequences. If you have overstayed, you are accruing what U.S. immigration law refers to as “unlawful presence.” Here are the primary risks you need to know:

1. Unlawful Presence and Re-Entry Bans

• 180 Days to 1 Year of Overstay: You may face a 3-year bar from re-entering the United States once you depart.
• Over 1 Year of Overstay: You may face a 10-year bar from re-entering the country.

2. Increased Deportation Risk

• Individuals who overstay may become priorities for removal if discovered during routine checks (e.g., traffic stops or airport screenings) or when applying for other immigration benefits.

3. Loss of Key Benefits

• While in overstay status, you typically lose eligibility for employment authorization, the ability to renew a driver’s license, and other important benefits tied to lawful status.

4. Future Immigration Challenges

• Overstaying can create significant obstacles when applying for future visas or when trying to adjust status in the United States.

Current Status of Immigration Enforcement

Prior to January, 2025, Immigration and Customs Enforcement (ICE) was guided to focus enforcement efforts on individuals who posed threats to national security, who recently crossed the border, who have serious criminal convictions, and who have final orders of removal.

In January, 2025, President Trump signed an executive order removing the guidelines on ICE and directing them to enforce immigration laws on everyone who is not in lawful status.

Anyone without lawful status is at risk of being apprehended by ICE, detained, and placed in removal proceedings.

Now, there are reports of ICE arresting individuals at their USCIS interviews. See my blog article↗.

Legal Options for Visa Overstays in Charleston

If you are in Charleston, SC, and have overstayed your visa, several pathways may still be open to you, especially if you have a strong case for adjusting your status. Examples include:

1. Marriage-Based Green Card (Adjustment of Status)

• If you lawfully entered the United States and are married to a U.S. citizen, you may be able to apply for a marriage-based green card through “adjustment of status” without leaving the country—even if you have accrued unlawful presence.
• As of July 2025, processing times for marriage-based green cards (through Form I-485 Adjustment of Status) at the USCIS Field Office in Charleston can range between 6 and 18 months, though this can change.

Learn more about our Marriage-Based Green Card service↗.

2. Waiver of Unlawful Presence

• In some cases, you may qualify for a provisional waiver (Form I-601A) of unlawful presence. This waiver can help you overcome 3-year or 10-year re-entry bars triggered by an overstay.
• Typically, you must demonstrate that your qualifying U.S. relative (usually a spouse or parent who is a U.S. citizen or lawful permanent resident) would experience extreme hardship if you were denied lawful status or forced to leave the country.

3. Other Forms of Relief

• If you have encountered persecution in your home country or have fears of returning, asylum or other humanitarian-based applications could be an option.
• If you have been the victim of a serious crime that you reported to police and you cooperated to apprehend/prosecute the assailant, you may be eligible for a U Visa.
• Those with longstanding presence in the U.S. and good moral character may explore relief options like Cancellation of Removal—but this usually requires facing immigration court proceedings first.

Steps to Take if You’re Eligible for Adjustment of Status

If you believe you qualify for a marriage-based or family-based adjustment of status, it is important to begin the process as soon as possible:

1. Concurrent Filing

• If you are married to a U.S. citizen, you can often file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time, minimizing waiting periods.

2. Submitting Required Evidence

• Expect to submit proof of a bona fide marriage, such as joint financial accounts, lease agreements, utility bills, and photographs demonstrating a legitimate marital relationship.

3. Attend Interviews and Biometrics Appointments

• USCIS typically requires an in-person interview at the local field office. In Charleston, that is the Charleston Field Office on Sam Rittenberg Boulevard. Check out our blog post about Tips for Appearing at the USCIS Charleston Field Office↗.

4. Stay Prepared for Requests for Evidence (RFEs)

• Responding promptly and thoroughly to USCIS requests for additional documentation can prevent unnecessary delays in the adjudication process.

5. Keep an Eye on Filing Fees and Timelines

• As of July 2025, the filing fees for Form I-130 and Form I-485 total $2,115, but these fees are subject to change. Always check the most recent fee schedule.

Once your application is pending, you are considered to be in a “period of authorized stay.” You will get receipts showing you have a pending case, and can even apply for employment authorization and a social security number.

It is important to understand that a “period of authorized stay” is not the same as lawful status. As a matter of law, ICE can still detain and remove you while in a period of authorized stay. Under previous ICE guidance, ICE generally did not take enforcement action on people in periods of authorized stay. It remains to be seen if there will be a change in direction on that. There have been a few reports of individuals in periods of authorized stay being apprehended.

Why You Need Legal Assistance

Attempting to navigate U.S. immigration laws on your own can be daunting—and mistakes can be costly. Under new guidance DHS guidance, USCIS officers adjudicating cases are now directed to issue a Notice to Appear in immigration court to anyone whose application they deny and who is out of status. Also, ICE is arresting people at their USCIS interviews↗(blog). The risks are higher than ever.

Here’s how an immigration lawyer in Charleston can help:

• Case Assessment: A skilled attorney will evaluate whether you meet eligibility requirements for specific immigration benefits or waivers.
• Application Preparation: Errors on forms can lead to rejections or delayed cases. A Charleston immigration lawyer ensures paperwork is complete and accurate.
• Legal Advocacy: If your case faces complications—like an RFE, a Notice of Intent to Deny, or deportation proceedings—an attorney can represent you before USCIS or in immigration court.
• Up-to-Date Knowledge: Immigration laws and policies change frequently. An attorney stays current on local enforcement trends, USCIS processing times, and the latest legal strategies.

Ready to take the next step? Schedule a Consultation with Occam Immigration↗ to discuss your specific case and how we can help.

The Risks of Doing Nothing

If you have a path to lawful status but delay taking action, you may face escalating consequences:

1. Longer Unlawful Presence

• The longer you remain out of status, the greater the potential re-entry bars you could face if you leave or are removed from the United States.

2. Increased Enforcement

• Even if not immediately targeted, policy shifts can broaden enforcement efforts, raising the risk of deportation for overstays.

3. Lost Opportunities

• Certain immigration programs or policy carve-outs can disappear over time, and processing times could lengthen. Acting now can safeguard your future options.

Local Community Resources in Charleston

Alongside professional legal support, there are other resources for the Charleston immigrant community, including:

• Charleston Legal Access
  (Nonprofit offering low-cost legal services)
• South Carolina Legal Services
  (Legal aid organization for low-income residents)
• Catholic Charities of Charleston
  (Assists with certain immigration-related issues)

Visit our Charleston Immigration Resources Page↗ for more information on community resources.

While these organizations can provide valuable guidance, keep in mind that complex immigration cases often require individualized legal representation to ensure the best possible outcome.

How Occam Immigration Can Help

At Occam Immigration, our mission is to offer straightforward, results-oriented legal services to individuals and families seeking immigration solutions. Whether you’re facing an overstay issue, looking to file a marriage-based adjustment of status, or need a waiver of unlawful presence, our Charleston immigration attorneys are here to simplify the process.

Here’s what sets us apart:

• Fast-Track-to-Filing: We use an efficient, streamlined approach to gather and prepare all required documentation quickly.
• Transparent Fees and Timelines: No hidden costs. We keep you informed of projected timelines based on the most up-to-date USCIS information.
• Proven Track Record: Our team has spent a decade exclusively helping clients successfully navigate marriage-based green card applications, waivers, and more.
• Local Presence: We understand Charleston’s unique demographics and local challenges, offering personalized service that larger, out-of-state firms often cannot match.

Our founder and Managing Attorney, David Vyborny↗, went through the marriage-based green card, removal of conditions, and naturalization process through the Charleston Field Office.

Take Action Today

If you have overstayed your visa in Charleston, SC, it’s essential to protect your future by exploring every available legal option.

1. Schedule a Consultation

• Submit an online inquiry→ or call our office at 843-804-4844 to set up a free case review and fee quote.

2. Discuss Your Eligibility

• We’ll evaluate whether you qualify for a marriage-based green card, a waiver of unlawful presence, or other forms of relief.

3. Begin the Process

• If you decide to work with us, we’ll guide you step-by-step—ensuring your forms are filed accurately and on time.

Conclusion

Overstaying your visa in Charleston, SC, comes with significant risks, including re-entry bars, deportation, and future immigration hurdles. The good news is that viable options—such as adjustment of status for spouses of U.S. citizens or waivers of unlawful presence—may be within reach.

Time is of the essence. Start addressing your immigration concerns now to avoid longer-term penalties and ensure the best possible outcome for you and your family. For personalized legal advice and hands-on assistance, reach out to Occam Immigration→ today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique. For a thorough evaluation of your situation, consult a qualified immigration attorney.