What if my Visa Expires and I am out of Status?

(Below is a transcription of this video)

We were asked this question: What happens if I fall out of status? My visa expires. I’m still in the country. What do I have to do? Do I have to leave?

Well, it’s a very common question, and unfortunately, it’s a very common occurrence. For many reasons a person’s status, either visitor, or work study, expires and in Canada that could cause some serious problems as well as the United States.

What Happens if my Visa Expires in Canada?

Let me speak to the Canadian situation. If your status expires, for example, if you’re on a study permit or even a visitor’s status and you realize that, “Uh-oh, I’m out of status. Do I have to leave?” Well, not necessarily. You can apply for an extension or a reinstatement of your status depending upon the date of your document.

For example, if your study permit expired let’s say a month ago, you just didn’t realize it, there’s a mechanism where you can apply for a reinstatement of your status so long as it’s within 90 days. If it’s beyond 90 days, that is a real problem because you may not be able to get a reinstatement and you may have to apply for a new visa and that could require you to leave the country.

Now again, it depends on the circumstances. Every case is different. You definitely should speak to a lawyer if you are in that situation.

Reinstatement of Your Visa Status

The reinstatement could be approved or it could not be approved. You have to pay a special fee, by the way. If it is approved, you can proceed with remaining in Canada. If it’s not approved, typically you’re out of luck, and you’re going to have to leave the country and potentially reapply for reentry from overseas or outside the borders. It’s very important. The first thing you should always keep in mind is to know when your status document expires. Put it in your calendar; make sure you’re notified. There’s a lot of ways to do that online these days. Don’t rely on the government to tell you. That’s not their job and they’re not going to say, “Hey, Mr. Smith, your study permit is about to expire. You’d better apply for a new one.” That’s your responsibility. There are options.

What Happens if my Visa Expires in the US?

Now, in the United States it’s a little bit different. There are rules of overstay. There’s a three-year rule, a three-year bar rule. There’s a 180-day situation. It’s very different, so you have to speak to a U.S. attorney about your situation, about your overstay situation. We have U.S. attorneys who work at our office but it’s very important — the U.S. laws are different than the Canadian laws.

If your application, or I should say, your visa is out of status, you fall out of status, don’t automatically panic. There are definitely things that can be done. The first thing I would do is make sure you speak to someone who knows how to help you and can offer you options for you to get your situation resolved.

Hopefully, this has given you some insight into what to do. Pick up the phone and call a professional if you’re in that situation. But first and foremost, make sure you are aware, well in advance, when your status is going to expire because this way you can apply for an extension. It’s not a reinstatement situation and many times there shouldn’t be a problem.

Have You Overstayed your Visa in Canada or the U.S.?

If you are in Canada or  the U.S. on an expired visa, we may be able to help. We have helped many applicants resolve their overstay waiver problems. Contact us for a consultation to discuss your options or fill out our free immigration assessment form located at the left of this page, and we will get back to you within one business day!

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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

20 thoughts on “What if my Visa Expires and I am out of Status?

  1. Ann Landers

    Hi there,
    My mom in law is in Denver CO from Ireland and her visitor Visa expires on July 26th, which also happens to be the day that her flight is scheduled to go back home. Will she have to leave the country before her visa expires or is she safe leaving the country on the 26th?

    Thank you for your help!

    Reply
    1. Immigration Lawyers

      Hi Ann,

      Thank you for contacting us at VisaPlace! We will have to take a closer look at her case to determine this. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Married to expire vistor

    My husband visitors pass expired we recently found out. We married. His passport status is in good status how to get my husband immigration status back to good.

    Reply
    1. Immigration Lawyers

      To Whom it May Concern,

      Thank you for contacting us at VisaPlace! We would love to help you and your husband with your immigration inquiries. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Aws

    my student visa expires in 17 days but i got a study permit that is valid until 2020, and i have no idea how to get to renew my student visa. Would really appreciate some help

    Reply
    1. Immigration Lawyers

      Hi Aws,
      I’m so sorry to hear about the hardships you are facing with your visa expiring. I can understand how knowing your current visa is expiring. We have helped thousands of clients in your same situation. Please Aws, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to help you obtain a visa for you to study here in Canada.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  4. Simmi

    we stayed in canada from 2000 to 2002 (two years) and had to return to India due to family reasons. our PR has expired and our daughters grown up now and they want to go back to canada. could you please advise process to proceed with the PR renewal and if this is possible or not. Also please advise if we can travel on tourist visa to Canada?

    Reply
    1. Muga Rajbhandari

      Hello Simmi. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  5. Friday

    I am in the united States,my application to extend my b2 visa was denied and f1 application denied as well and now am out of status,what can u do to help me?

    Reply
    1. Muga Rajbhandari

      Hello Friday. Being out of status is a serious offence. I am going to suggest that you contact us as soon as possible to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  6. PArdeep

    hi my student visa is expired and i tried to apply for work permit bt cic did not issue me work permit.. now i am out of status in camada from december 2014.. what should i do… please help

    Reply
    1. Muga Rajbhandari

      Hello Pardeep. Being out of status is a serious problem. You run the risk of being removed. I am going to suggest that you contact us as soon as possible to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  7. Mushfig

    Hello how are you. I have a problem. I have been living in USA for 3 years . I was f1 student. I studied one year in language school and after I lost my student status and my visa was expired. I want to go Canada and I want to know that being out of status in USA can affect my application to Canadian visa? I live in Washington, D.C. And I can go Canadian embassy. How can I solve my problem. How can get student visa or Turist visa for canada

    Reply
    1. Muga Rajbhandari

      Hello Mushfig. You need to convince the immigration officer that you are going to return to your home country after your study or visitor visa is completed, and that you have enough funds to support yourself during your stay. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  8. hector

    i am already out of status as a worker but I have been issued with a certificate of Nomination from AINP.

    I will apply for restoration of status.

    can I still apply for PERMANENT RESIDENCY using my Nomination from AINP?

    Reply
    1. Muga Rajbhandari

      Hello Hector. As long as you maintained your same status as when you created your profile you should be fine. You must be working legally, as that is what you stated in your profile.
      Regards, Muga

      Reply
      1. Hector

        I am in Alberta, Canada.

        Can I still apply for Permanent Residency using my AINP nomination even if I am already out of Status?

        Reply
        1. Muga Rajbhandari

          Hello Hector. You need to resolve your status situation before you can proceed with your permanent residency. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
          Regards, Muga

          Reply
  9. Pegah

    I got pr visa and I did not use it to enter to canada and expired mar 2015. now ai just want to come to canada as a visitor how can I let the visa officer know that I am not interested to stay in canada and in the forms, is there anywhere that can mention about the expired PR visa that I never used?

    Reply
    1. Muga Rajbhandari

      Hello Pegah. If you have no intention of resuming your PR, you will have to take the steps to inform Canadian immigration of your changes. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply

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