If you hold a visa and stay in the United States beyond the “admit until date” on your Form I-94 (known as the “Arrival/Departure Record”), you will be overstaying your visa. Overstaying a visa in the United States can cause serious legal and immigration issues. U.S. immigration laws are strict about visa durations. Staying longer than allowed can lead to penalties. These penalties can impact your chances of visiting, living, or working in the U.S. later. Other consequences of overstaying your visa in the United States include:
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Inadmissibility
Overstaying your visa can result in a restriction on entering the United States for a specific period. It means you cannot come back for a period that can last from three to ten years, depending on how long you overstayed:
- 3-year ban—If you have over 180 days but less than a year of unlawful presence and left the U.S. before removal proceedings started, you may face a 3-year ban. If you go after the proceedings begin, your inadmissibility may depend on the results of those proceedings.
- 10-year ban—Accumulating over 1 year of unlawful presence during a single stay and leaving the U.S. can result in a 10-year bar. It does not matter if you left before or after removal proceedings began.
- Permanent ban—If you have accumulated over 1 year of unlawful presence across multiple trips and have left the U.S., you may be permanently barred. However, if you have been outside the US for 10 years, you can apply to reenter by submitting Form I-212. You might also be eligible for a waiver using Form I-601 in some situations.
Re-entry bars automatically apply when someone leaves the U.S. These penalties can block future visa approvals, make reuniting with family hard, and create challenges in becoming a lawful permanent resident. There are exceptions, though. Those affected by these bars can request waivers by proving that their U.S. citizen or lawful permanent resident spouse or parent would face severe hardship if they could not return.
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Restrictions on Adjusting Status and Extending Stay Due to Visa Overstay
If you stay in the US beyond your allowed time, you cannot extend your stay or switch to a different nonimmigrant status. The U.S. Citizenship and Immigration Services (USCIS) will prevent you from changing from nonimmigrant to immigrant status.
Change of status lets someone in the U.S. switch from one nonimmigrant status to another without leaving the country. For example, a person on a tourist visa (B-2) may want to change to a work visa (H-1B) or a student visa (F-1). However, you cannot apply for a status change if you overstay your visa. You must exit the US and seek a new visa at a US consulate in another country, which can be tough, especially with an overstaying record.
Adjustment of status is the process of changing full permanent resident (green card holder) while remaining in the U.S. If you overstay your visa, your unlawful presence can make you ineligible for this process. You would have to leave the U.S., face the possibility of the 3-year or 10-year bar, and apply for an immigrant visa at a U.S. consulate. The process of re-entering can be complex and might require more checks, which can cause delays or refusals.
Being ineligible for a change or adjustment of status can also affect your family members, who rely on your immigration status for their applications.
Submitting a valid application for an Extension of Stay, Change of Status, or Adjustment of Status before your authorized stay ends ensures you maintain your status until officials decide, even if it comes after your I-94 expires.
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Visa Voidance
When a foreign national exceeds their allowed stay, their visa becomes automatically invalid. U.S. immigration laws are strict about this rule—overstaying by even one day will void the visa. A foreign national who has overstayed cannot return to the U.S. unless they obtain a new nonimmigrant visa from their home country.
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Deportation for Overstaying
Overstaying your visa in the US can lead to deportation, also called removal proceedings. These proceedings may result in being forcibly taken out of the U.S. and facing bans on re-entry. Removal proceedings are legal processes that decide if you are eligible for deportation.
Being in such proceedings does not guarantee deportation, but you must present your case to an immigration judge. You may have to show evidence, testify, and bring in witnesses to argue for your right to stay in the US or to seek relief like asylum or cancellation of removal.
Some people in removal proceedings might be eligible for relief options to stop deportation. These options include:
- Applying for asylum
- Changing their immigration status
- Obtaining waivers for inadmissibility
Not everyone can use these options since the immigration judge makes the final choice. Deportation risks can influence your family, especially if they count on your immigration status for their residency or visa. The uncertainty of removal processes can lead to emotional strain for family members who could face separation or visa challenges.
To protect your future, consider consulting a skilled immigration attorney who can help you understand your choices if you are at risk of deportation or removal.
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No Consulate Shopping After Overstaying Visa
If foreign nationals stay in the U.S. longer than allowed, they must return to their home country to acquire a new visa. They cannot apply at a more convenient or closer U.S. consulate.
However, there is an exception to this rule. If you can show there are “extraordinary circumstances” that caused you to overstay your visa, you can apply for a visa at a consulate in another country, not your own. To use this case, you must obtain permission from the Consulate in that third country before scheduling an appointment and submitting their visa application.
If no consulate in the home country issues visas, the Secretary of State has identified a third country where you can apply for a new visa.
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Risks of Working Without the Proper Authorization
If you stay in the US longer than your visa permits, you risk losing your legal status and your ability to work legally. Working without authorization means taking a job or starting a business without the right permits. If you are caught, you may be deported and have to wait a long time before returning to the US.
Unauthorized work can hinder your chances of obtaining future visas or green cards because it violates U.S. immigration laws. This action can raise red flags for consular officers and immigration officials, who may see you as a greater risk for not following the rules. If you seek a waiver for unauthorized work, the authorities may not approve it. Typically, you must provide evidence of hardship to a spouse or parent who is a US citizen or permanent resident.
The impact of unauthorized work can harm your ability to stay in the US and your job prospects. Future employers may view your immigration history negatively, which could restrict your job opportunities or career growth. To prevent these serious issues, make sure to obtain the right work authorization before beginning any job and consult an immigration lawyer.
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Effects on Future Immigration Applications
When you overstay, it becomes part of your immigration history. Consular officers and US immigration officials check this information during future applications or entry attempts.
A record of overstaying suggests to the U.S. government that you might be more likely to overstay again. You may need to provide more detailed evidence, like proof of solid connections to your home country, to show that you will return to your home country after your allowed stay. Applying for a new visa after staying longer than allowed can impact your visa options and conditions. You may have difficulty applying for more flexible visas, such as those for work or study.
Overstaying in the past can give the impression that you are not dependable. This action might raise concerns for immigration officials about your actual purpose for entering the U.S.
If you have previously overstayed your visa, consider consulting a professional immigration lawyer for advice. They can help you navigate future visa applications and suggest ways to lessen the effects of your prior overstay.
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Inability to Change Employers or Locations
Overstaying a visa can restrict you from exploring new job options, relocating, or switching employers, which are essential for your career growth.
Keeping your legal status is crucial for job changes for those on work visas like H-1B or L-1 (for intracompany transferees). Even if you find a new employer willing to sponsor you, overstaying can make you ineligible for a new work visa or status change without leaving the U.S. and applying at a consulate.
Sticking to one job or place can lead to money and work problems. It reduces your chances of securing better job offers, asking for more pay, or relocating to places with more chances in your career. It can also make you feel insecure about your job if things change, like being laid off or having less work to do.
How the U.S. Government Monitors Visa Overstays
Immigration officials typically do not know immediately when your visa expires, and you remain in the country beyond your allowed time.
They monitor departures by gathering information from airlines, travel agencies, and officials in Canada and Mexico. For example, if you fly out of the U.S. on a big airline a month after your visa expires, immigration will probably know about your one-month overstay.
Leaving the country after your allowed time, as shown on your I-94, automatically cancels your visa. You will need to apply for a new visa in your home country before you can come back.
In some cases, this may also lead to accumulating “unlawful presence.” If you accumulate too much “unlawful presence,” you may become “inadmissible,” which will keep you from returning for a specific duration.
Valid Reasons for Overstaying a Visa
The consequences for visa violations become more severe the longer you stay past your expiration date. Some situations can pause your “overstay time,” which might help you avoid penalties when facing removal proceedings.
You might be able to stop the clock on your overstay time if:
- You were paroled or legally admitted to the country.
- You were a minor (under 18) during your unlawful stay.
- You have a valid, pending asylum application with USCIS.
- You have a pending application for a visa extension, adjustment, or change.
- You are a victim of trafficking.
- You hold a non-immigrant visa and are a victim of domestic abuse, leading to your overstay.
Meeting any of these requirements can pause your overstay time. However, if these requirements are no longer met, your overstay time will resume, possibly leading to penalties.
To avoid penalties, you should not be unlawfully present at all. You can extend your visa or change its status by submitting the proper forms to USCIS. Not all visa types are extendable. You must file before your visa expires. Additionally, you must be in good standing (not convicted of a felony and initially admitted legally) to change your visa status.
How to Prevent Overstaying in the USA
Below are ways you can prevent overstaying your visa:
Check Your I-94 Expiration Date
You should leave the U.S. by the end date on your I-94, which shows how long you can stay. It applies to your initial stay or any extensions you may have received. If you want to stay longer, you must submit a proper application for an Extension of Stay, Change of Status, or Adjustment of Status on time.
If you arrive by air or sea, you can find your I-94 information online. You will receive a white I-94 Arrival/Departure Record card if you enter by land.
Document Your Departure
When you leave for another country, have your passport stamped, keep your airline tickets and boarding passes, and save your travel itinerary.
Avoiding Consequences for Overstaying Your Visa
If the U.S. government finds out you are staying illegally, you may obtain a “final order of removal.” This order requires you to leave the country within 90 days. Failing to address it may lead to serious repercussions, like fines and imprisonment for as long as 4 years.
To avoid these penalties after receiving a final order of removal, you should:
- Leave the country within 90 days of the order
- Take necessary steps for a timely departure, including applying for travel documents
- Report for removal at the specified time and place given by the Attorney General
Stay away from anything that might delay your departure from the US. Specific actions can lead to serious problems. If you are removed for crimes like document forgery, smuggling, or national security issues, you could end up in prison for up to 10 years. You might also have to pay civil fines, which can be as high as $2,000 for each violation.
Find a Skilled Immigration Attorney Near Me
Staying in the US beyond your visa’s expiration can result in serious issues, like needing a new visa to come back or facing a ban from entering again. If you have overstayed your visa, you should seek assistance from a California Immigration Attorney. Our team is skilled in dealing with complicated immigration cases, including visa overstays. To learn how we can help you, call our law firm at 424-789-8809 to schedule your initial consultation.