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.