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I Overstayed My Visa in the United States 2020

By Michael Niren June 2, 2013 (Updated July 29, 2020) 2 min. read
overstayed us visa

Have you overstayed your visa for the United States? This is a very serious situation, but it can happen more often and more easily than you would think. Most visas are temporary and have an expiry date, at which point you must leave the United States and return to your home country.

An overstay is when you stay in the United States longer than your visa has allowed. All visas have expiration dates indicated on the I-94 Form, 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.

Sometimes, circumstances beyond your control may result in your being unable to leave the United States in time. Consequences of overstaying your US visa can vary from situation to situation, but they can be significant consequences that will prevent you from attaining status in the US or affect your ability to enter and live in the US on another visa.

Consequences of Overstaying in Canada

The consequences you may face after overstaying your US visa depends on your specific situation. The 4 consequences include:

Overstayed US Visa? What Now?

When overstaying a US visa, there are a few very important steps you must take:

While there is no guarantee you will be able to avoid or mitigate the penalties of overstay, taking these steps may improve your chances.

Applying For a Visa Waiver

If you have overstayed your US visa, you may be eligible to apply for visa waiver:

Waivers for Nonimmigrants: While a nonimmigrant is not eligible to apply for a waiver for the three or ten-year bar, an individual would still be able to apply for a general waiver for most grounds of inadmissibility.

Waivers for Immigrants: The statute does provide a specific waiver for the three or ten-year bar for foreign nationals who are the spouse, or son or daughter of a U.S. citizen or permanent resident. The waiver is not available to foreign nationals who only have children who are U.S. citizens or permanent residents.

Why Hire Us to Help You When You’ve Overstayed Your Visa?

While it may be tempting to just do nothing if you are an overstay in the U.S., this is not recommended. A life of “looking over your shoulder” is not a secure way to live. For overstay cases, there is a high risk you can be caught by the U.S. Immigration Authorities and deported. But if you consult with an experienced lawyer that handles these matters, there may be viable options for you.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Peter Gianakas Avatar

Peter Gianakas

I had a great experience with Andrew Diamond from The Visa Place. Andrew was very knowledgable and helped us every step of the way. When we had a discrepancy with my spouse’s Visa Andrew helped us navigate the system in the USA. He even offered to speak directly to the customs and border control officer to help us iron out the situation. Overall the experience was very good and smooth. I highly recommend Andrew and his services at The Visa Place.

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Vanessa Gomes

I spoke with Lilly last week and she’s incredible. Very informative and you can tell she definably cares about her job. She wasn’t pushy at all and she’s there to help you figure out if this service is right for you. I’d recommend contacting VisaPlace if you’re thinkin of traveling internationally and you have questions about the different types of permits.

TK B Avatar

TK B

Great firm. They helped me with my visa at a reasonable cost. They were very responsive and most importantly compassionate about my situation. I have no hesitation to recommend them to others

Nirmal Singh Avatar

Nirmal Singh

Really the best immigration law firm. I got visa with their help, they helped me at every step. They answered every single question. I ‘d recommend 10/10

Krista Sparkes Avatar

Krista Sparkes

Extremely satisfied with the professionalism, expertise, efficiency, speed and thoroughness at which my file was managed. Fadi & Danielle are true class acts! Their response times were fantastic (especially during a high-stress period), their quality of work was phenomenal, and their willingness to go the extra mile (without hidden costs, no less!) to prepare me for my work permit interview was unmatched. I strongly recommend VisaPlace to anyone seeking legal counsel as it relates to cross-border services. Highest Regards, Krista

ksaumure Avatar

ksaumure

Very good personal experience with this law firm. I am a Canadian and had overstayed a visa in the US and received a bar. Attorneys and staff were extremely knowledgeable. I was given accurate information with no false hopes. My case was completed and approved 3 months faster than expected. Overall, very satisfied with this firm and would highly recommend them. When you are in need of immigration assistance, it can be grave and critical to get help from someone who can be trusted – this firm is certainly trustworthy and will do whatever they can to get your case approved.

EDIT: Another great experience 5 years later with waiver renewal/lifting of my bar from the US. Very reasonable fees for the challenge of dealing with US immigration during Covid and new immigration laws. Another successful outcome with only a minor snag (not related to lawfirm). My bar was lifted and I am now free to travel to the US at will. Very satisfied.

Allan Karumazondo Avatar

Allan Karumazondo

Thank You VisaPlace for your assistance in my study permit and a special mention To Alejandra,Nadia,Victoria and Khushboo . You are professional and make the process so easy and you provided me with answers to my questions through out the process. Thank you and I recommend you try this guys they are a team of professionals

VisaPlace is the perfect place to start your path to immigration.