Someone who has obtained a visa for the United States but has stayed past the expiration date of that visa is considered to have overstayed their visa. This happens quite often, but it is a very serious matter. What you need to know if you have overstayed a United States visa is speak with a licensed immigration lawyer as soon as it is possible for you to do so. You will have options, but the longer you wait the worse your situation can become.
What are the consequences of overstaying a United States visa?
There are several consequences to overstaying a United States visa, all of which depend on your situation and the length of the overstay.
Someone who has overstayed a visa in the United States could be banned from re-entering the United States for three years or as many as ten years depending on how long they’ve overstayed.
Someone who had overstayed a United States visa could also be prevented from applying for a Change of Status, and Extension of Stay or an Adjustment of Status.
If you overstay your visa your current visa will be voided and you will not be able to obtain a new one unless you leave the United States and return home first.
Because these consequences can be so severe, it’s important to ensure that you speak with a licensed immigration lawyer or licensed immigration attorney as soon as possible, because you could apply for a United States waiver. However, if you continue to wait your situation could get worse.
A United States waiver application is not an easy one, but with the right professional assistance on your side you can set yourself up for the best chance of success. We have helped many people with their US visa overstay issues, and we can help you too. Please contact us as soon as possible for assistance.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
