What are the Consequences to Overstaying a United States Visa?

overstaying a visa

All visas in the United States have expiry dates, and an overstay is what occurs when you remain in the United States past this date as you are expected to leave the country before that date when the visa is issued. Overstaying a visa can be intentional or accidental.

Overstaying a visa in the United States is a serious matter, but it is also a very common occurrence. Many people who have overstayed their visa in the United States are worried or fearful as to what the consequences are.

What happens when you overstay a United States visa?

The consequences you have for overstaying a visa could include:

Not being able to adjust your status in the United States.
Not being able to obtain a new United States visa unless you return home to your country of origin.
Your existing visa in the United States will be voided.
You may not be able to apply for a change of status of an extension of stay.
You may not be able to return to the United States for three years or for 10 years.

These consequences depend on your situation, including how long you’ve overstayed your visa. For example, whether you are barred from the United States for three years or for 10 years depends on the length of your overstay.

There are many different requirements and exceptions surrounding these consequences, but an overstay can become very complicated very quickly.
If you have or you think you will be overstaying a visa in the United States, please contact our immigration law firm immediately. We can help you! Give us a call at the telephone number at the top of this page, or send us an e-mail using the form on the right.

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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