US visa overstay
What is a United States visa overstay? An overstay is when you stay in the United States longer than your visa has allowed. All visas have expiry dates, and you are expected to have left the United States by the time yours is set to expire. However, sometimes things happen and you are not able to leave the country when you should.
If you see that your visa for the United States is going to expire soon but you know in advance that you won’t be able to leave, you do have options and should discuss them with an immigration lawyer or attorney immediately. For example, you could be able to adjust your status or apply for an extension of your stay. However, if you wait too long and overstay your visa, these options will not be available to you anymore.
What if I have already overstayed my visa in the United States
Things can become much more difficult for you if you have already overstayed your United States visa. This is because once you have overstayed your visa, you could be restricted from changing your status or extending your stay, while also being restricted from applying for another visa unless you return to your country of origin first.
In addition, you could be facing being barred from re-entering the United States for three years or ten years, depending on how long you have overstayed your visa.
There are ways of getting around this bar, such as applying for a United States waiver. However, these are complex applications and you will want to make sure that you speak with a licensed immigration lawyer regarding what you should do if you have overstayed your visa.
Contact us at the telephone number above if you have overstayed your US visa. We can help!
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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