What Are the Consequences of Overstaying a US Visa?
Overstaying a visa in the United States can lead to significant legal consequences, including:
1. Unlawful Presence and Reentry Bans
• 180 days to less than 1 year overstay: You may face a 3-year ban from reentering the U.S. once you leave.
• 1 year or more overstay: You may face a 10-year ban from reentry after leaving the U.S.
• Unlawful presence may impact future visa applications.
2. Voiding of Current Visa
• Your visa is automatically voided once you overstay. You will need to apply for a new visa at a U.S. embassy or consulate outside the U.S., often in your home country.
3. Ineligibility for Adjustment of Status
• If you overstay, you may not be eligible to adjust your status to obtain a green card, except in certain cases (e.g., marriage to a U.S. citizen).
4. Risk of Deportation
• You become subject to deportation proceedings if identified by immigration authorities.
5. Impact on Future Immigration Benefits
• Overstaying may affect your ability to qualify for other visas or benefits in the future, as it raises concerns about intent to comply with U.S. immigration laws.
Exceptions:
• Certain categories, like minors (under 18), do not accrue unlawful presence.
• Those protected under Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) may have different rules.
What You Should Do:
• Contact an Immigration Attorney: Seek professional advice immediately to understand your options.
• Avoid Further Overstay: If possible, leave the U.S. voluntarily before accruing unlawful presence that triggers bans.
Taking timely action can minimize the long-term consequences.
Sharing is caring, show love and share the thread with your friends.
Please Login to reply this topic. If you do not have account, please Register.