# 115-hr-4974: To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes.

115-hr-4974, To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes., is a 115th Congress bill sponsored by Rep. Smucker, Lloyd [R-PA-11] (R-PA); status Referred to the House Committee on the Judiciary. (as of 2025-11-18).

- Canonical: https://policyrisk.com/legislation/115-hr-4974
- As of: 2025-11-18
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 115-hr-4974
- Congress: 115
- Title: To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes.
- Status: Referred to the House Committee on the Judiciary.
- Introduced: 2018-02-07
- Sponsor: Rep. Smucker, Lloyd [R-PA-11] (R-PA)
- Cosponsors: 0
- Policy area: Immigration
- Touches household money: no
- Last recorded action: 2025-11-18

## Summary

This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense; and (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.

## Related bills

- 115-hr-7209: School Resource Officer Act of 2018
- 115-hr-6712: Warrior Wellness Act
- 115-hr-6635: Tomb of the Unknown Soldier Centennial Commemorative Coin Act
- 115-hr-6544: The Employee Rights Act of 2018
- 115-hr-6606: To designate the facility of the United States Postal Service located at 445 Main Street in Laceyville, Pennsylvania, as the "Melinda 'Mindy' Gene Piccotti Pos…
- 115-hr-6536: Workforce for an Expanding Economy Act

## Sources
- [115-hr-4974 on Congress.gov](https://www.congress.gov/bill/115th-congress/house-bill/4974)

## Related
- [115-hr-7209: School Resource Officer Act of 2018](https://policyrisk.com/legislation/115-hr-7209)
- [115-hr-6712: Warrior Wellness Act](https://policyrisk.com/legislation/115-hr-6712)
- [115-hr-6635: Tomb of the Unknown Soldier Centennial Commemorative Coin Act](https://policyrisk.com/legislation/115-hr-6635)
- [115-hr-6544: The Employee Rights Act of 2018](https://policyrisk.com/legislation/115-hr-6544)
- [115-hr-6606: To designate the facility of the United States Postal Service located at 445 Ma…](https://policyrisk.com/legislation/115-hr-6606)
- [115-hr-6536: Workforce for an Expanding Economy Act](https://policyrisk.com/legislation/115-hr-6536)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/115-hr-4974 (as of 2025-11-18).