Visa Overstay Leads to ICE Arrest and Removal Order
You entered the US on a legal visa, your time ran out, and you stayed. That decision — made by Sebastian Mihai Caraba, a Hungarian-Romanian national who arrived in 2018 — ended with an ICE arrest in Washington, DC, and a federal removal order issued June 22, 2026. His case is a direct warning about what visa overstay consequences look like in 2026.
You entered the US legally, your authorized stay ended, and you stayed anyway — maybe thinking no one would notice. Sebastian Mihai Caraba, a Hungarian-Romanian national, made that choice in 2018. On June 10, 2026, ICE officers arrested him in Washington, DC, and a federal immigration judge issued a final order of removal on June 22, 2026. He remains in ICE custody while awaiting deportation.
How ICE Found Him
Caraba entered the US on August 11, 2018, through the Visa Waiver Program (a system that lets citizens of certain countries visit the US for up to 90 days without a visa) via San Juan, Puerto Rico. He had used the same program twice before and left on time. This time, he did not. ICE's Fugitive Operations Team — a unit that tracks immigration violators and criminal suspects — identified Caraba, located his vehicle, and followed him to a location he visited regularly. He identified himself verbally, and officers arrested him without incident. Fairfax County, Virginia, had also wanted him on charges of illegal use of credit cards.
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Acting ICE Director David J. Venturella stated that Caraba had already been convicted overseas for the same type of credit card fraud he is now accused of committing in the US, where he had been sentenced to three years in prison abroad. "Instead of respecting the terms of his admission, he overstayed his visa and allegedly returned to the same criminal conduct," Venturella said. Under the Visa Waiver Program, travelers give up the right to contest removal in immigration court in most circumstances — which means fewer legal options if ICE moves to deport them.
What to Do If You Have Overstayed Your Visa
- Contact an immigration lawyer immediately. Overstaying a visa can trigger a 3-year or 10-year bar from returning to the US, depending on how long you stayed. An attorney can tell you which bars apply to your situation.
- If you entered on the Visa Waiver Program, understand that you likely waived your right to a full removal hearing. A lawyer can review whether any exceptions apply — for example, if you have a pending asylum application or a qualifying family petition (Form I-130).
- If ICE has already issued a final order of removal against you, lawyers recommend filing a Motion to Reopen with the immigration court within 90 days of the order if new facts or legal arguments exist. Missing that window closes most options.
- Do not ignore any immigration court notices. Failing to appear results in an automatic removal order in absentia, which is much harder to undo.
Related: our step-by-step guide — “Your Rights During an ICE Encounter”.
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Visa Waiver Program entrants are in a particularly vulnerable position: by using the program, they generally waive the right to contest removal before an immigration judge, leaving almost no avenue to fight deportation once ICE acts. If you overstayed under any visa category, you may still have options — a pending I-130 petition, an asylum claim, or a motion to reopen within 90 days of a removal order — but those windows close fast. Consult an immigration attorney before your situation escalates to an arrest.
Frequently Asked Questions
What happens if I overstay my visa in the US?
Overstaying triggers unlawful presence. If you stay more than 180 days and then leave, you face a 3-year bar from returning. If you stay more than one year and leave, the bar is 10 years. You also become a priority for ICE enforcement, especially if you have any criminal history.
Can ICE arrest me at home or on the street?
Yes. ICE's Fugitive Operations Team can arrest immigration violators in public spaces, near their homes, or at locations they frequent — as happened in this case. ICE does not need to catch you at a port of entry or a courthouse.
What rights do I have if I entered on the Visa Waiver Program?
Very limited rights in removal proceedings. When you use the Visa Waiver Program, you agree to waive most rights to contest deportation before an immigration judge. Exceptions may exist if you apply for asylum or have a qualifying family petition. An immigration lawyer can review your specific situation.
What is a Motion to Reopen, and how long do I have to file it?
A Motion to Reopen asks the immigration court to reconsider your case based on new facts or legal arguments. You generally have 90 days from the date of a final removal order to file one. Missing that deadline eliminates this option in most cases.