What Happens If You Overstay Your US Visa? | Mark E. Jacobs

What Happens If You Overstay Your US Visa?

When you enter the US using a visa, you’re given a specific date when you must leave. If you remain in the US after your leave date has passed, you will be in the US unlawfully. This is known as overstaying your visa.

The Consequences of Overstaying Your Visa

When you enter the US, you’ll receive a Form I-94 which will explain how long you’re able to stay in the country legally. Should you overstay your visa, you may be subject to consequences such as the following:

  • An inability to re-enter the US: Overstays may result in your inability to re-enter the US for ten years or three years, depending on your period of overstay. For example, if you overstay for more than 180 days but less than one year, you’ll be barred from re-entry for three years.
  • A canceled visa: Your visa will be revoked or canceled automatically.
  • No further visas: Typically, those who overstay their visa are unable to receive a new visa outside of their country of nationality.

You’ll also be unable to extend your stay or change your visa status to another nonimmigrant status.

Overstaying Your Visa: What Options Do You Have?

It’s important to act quickly if you find you’re unable to leave the US prior to your leave date. You should immediately petition U.S. Citizenship and Immigration Services (USCIS) for an extension. You’re generally allowed to stay in the US while the USCIS processes your request.

If the USCIS denies your petition, you’ll need to leave the US as soon as possible. If they approve your petition, none of your overstay will count against you.

If your US visa is already expired and you’re currently in overstay, it’s critical to talk to an experienced immigration attorney immediately. You may have other options available to you.

Call an Experienced Immigration Attorney Today

Have you overstayed your visa? Do you need assistance requesting a visa extension? We can help. To learn more about your visa or to speak with an attorney today, give us a call at 972-445-7577 or send us a message.

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