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What Happens if I Overstay My Visa?
Contributor: Van T. Doan
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Many people enter the United States legally with a valid visa—often a nonimmigrant visa such as a tourist visa, student visa, or work visa. That visa indicates how long they may enter the country, but not everyone leaves the country before their visa expires. What happens when you overstay your visa in the United States?
It doesn’t matter whether you overstayed your visa unintentionally, such as due to paperwork mistakes, or if you deliberately didn’t leave, hoping to adjust status later. Overstaying your visa can have serious consequences. The sooner you take corrective action, the better for your chances of returning and remaining (legally) in the United States.
Consequences of Overstaying a Visa
What can happen if you are still in the United States when your visa expires? A number of things, some with immediate consequences, and others with longer-term impact:
Risk of Removal
In a political climate in which foreign nationals who are lawfully in the U.S. are being apprehended for alleged immigration violations, overstaying your visa can put you at real risk of deportation or removal from the country. If your expired visa is detected during a routine check or when you apply for immigration benefits, it is very likely that immigration officials will start removal proceedings. If a formal removal order is issued, you will have a more difficult time returning to the United States in the future.
Accrual of Unlawful Presence and Re-Entry Bars
With some exceptions, from the moment your visa expires, you begin accruing “unlawful presence” in the United States. Unlawful presence may result in you being barred from reentering the United States. The more unlawful presence you accumulate, the longer you may be barred from returning to the country once you leave:
- Overstay of at least 180 days, but less than one year: three year re-entry bar
- Overstay of one year or more: ten year re-entry bar
If a re-entry bar applies to you, and you are ineligible for a waiver, you will be denied reentry to the U.S. on most types of visas. The clock starts ticking on the bar as soon as you leave the U.S.
Loss of Access to Immigration Benefits
Certain privileges come with a valid visa. If your visa has expired, you lose access to these benefits. For instance:
- Eligibility to work. If your visa allows you to be legally employed in the United States, once the visa expires, your ability to legally work will also expire.
- The ability to obtain or renew a driver’s license; many states require applicants to have a valid immigration status
- Receive unemployment insurance, but only if you still have lawful status at the time you’re working AND at the time you’re applying for and receiving benefits
- Receive state benefits such as WIC
Challenges When Attempting to Adjust Immigration Status
Overstaying your visa may make it difficult, if not impossible, to adjust immigration status. In short, overstaying can make it much harder to get a green card through marriage, family sponsorship, or employment. Overstaying your visa can also prevent you from obtaining a student visa or employment visa in the future.
Denial of Future Visa Applications
Overstaying your visa, even by a brief period, can be problematic if you have a history of overstays. Even if you have not been barred from re-entry, immigration officials may deny, or more closely scrutinize, future applications for a work, tourist, or student visa.
How to Prevent a Visa Overstay
While some people overstay their visa intentionally or knowingly, many overstay by mistake, and then find themselves in difficult circumstances. One way this commonly happens is confusion between a visa, which gives you permission to enter the United States, and Form I-94 (Arrival/Departure Record), which gives you permission to stay inside the country.
For instance, you might have a 10-year tourist B-2 visa that was issued in 2023. You may use that visa to enter the United States in August, 2025. Upon entry, Customs and Border Patrol issues you a Form I-94 that admits you to the country until November 15, 2025. Even though your visa itself is not expired, remaining in the country beyond the November 15, 2025 date is still an overstay that could subject you to immigration consequences. To avoid an overstay, be aware of the end date on your Form I-94 and be prepared to depart the country before that date. If you realize that you will need more time in the United States than originally planned, you can apply for an extension using Form I-539 (Application to Extend/Change Nonimmigrant Status).
What if I Have Already Overstayed My Visa?
Realizing that you have overstayed your visa can be frightening, but it’s important not to panic or fail to respond. Ignoring the problem will not make it go away and may make it much worse. As mentioned above, the sooner you take action, the better. Depending on your circumstances, you may be eligible for some type of legal relief, such as a waiver.
You should immediately contact a licensed immigration attorney to learn about your options and take steps to reduce the risk of negative consequences. To learn more or to get help with a visa overstay, contact our law office for a consultation.