Overstaying a United States visa

Most types of United States visas have expiry dates, and a condition of your visa is that you will leave the United States before it expires. However, if you are unable to leave the United States and your visa expires while you are still in the country, you could be facing serious consequences because you have overstayed your visa. US visa overstay

But if your visa has not yet expired, and you know in advance of the expiry date that you are unable to leave, you could apply for an extension of stay or change of status that would allow you to remain in the country legally for a longer period of time.

This is why it is so important to discuss your situation with a licensed immigration lawyer if you know you are going to overstay your visa – you can sort out your options in advance, but if you wait too long not all of these options will be available to you.

After you have overstayed your United States visa

If you have already overstayed your United States visa, the situation can become quite serious very quickly. For example, you may not be able to extend your stay or change your status, but even worse you could be facing being barred from the United States for a period of either three or ten years, depending on how long the overstay is.

You could also be prevented from obtaining a new visa unless you return home first.

There is a United States work visa available for overstaying a visa, but you will want to speak with a licensed immigration lawyer first to determine if this option is the right one for you. Contact us at the phone number above, or e-mail us. We can help you with your United States immigration matters, including overstays!

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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