Overstaying your visa can be a very serious offense.
In 2020, there were close to 690,000 overstay cases in the US, and, depending on the severity of the case, these people potentially could have faced deportation, barring of reentry, ineligibility for further visa issuing, and other less than pleasant consequences.
However, if you act quickly and with prudence, an overstay doesn’t have to be an overly negative experience. Mistakes happen, and so do unforeseen circumstances (hence “unforeseen”), and you might just walk away with a slap on the wrist if you act quickly.
This doesn’t, however, mean that you should make a habit of overstaying your visas. Overstaying is still a serious problem, and you should treat it with all due respect.
In case you’re wondering: what can happen if I overstay my visa or are simply looking to get informed, check out the article below.
What is a Visa Overstay?
A visa overstay happens when you stay on US soil past the expiry date on your I-94 Arrival/Departure Record, and not only on your visa.
This is an important distinction: your visa carries its own expiration date, but the moment you land on US soil, you are expected to fill out an I-94 form that will also have a date by which you need to leave the country.
If you do not leave the country by the time your I-94 form expires, or your visa expires, even if it’s by a day, it will be considered that you have overstayed your visa, and you might be eligible for a number of legal actions, including deportation and voiding of your visa, as well as barring of visa privileges.
However, as we said, there are some extenuating circumstances that might have a positive impact on your case, and if proven, you might not be subject to any harsh legal actions.
But, more on those in a little bit – for now…
What Consequences Can You Expect If You Overstay Your Visa?
What happens if I overstay my visa – this is a very prudent question to ask. Knowing what can happen to you if you overstay is a good way to make sure you don’t put yourself in that situation.
Conversely, if you do end up overstaying, it’s good to know what you can expect and what your options might be.
Unlawful Presence
The first thing that happens if you overstay your visa is that your case will be examined by the US Citizenship and Immigration Services to see if your presence in the country is unlawful.
Now, determining unlawful presence can be a little complicated: however, here are some criteria that determine whether or not you’ve been in the country unlawfully:
- You are in the country unlawfully if you haven’t applied for asylum with the USCIS
- You’re not unlawfully present if you’ve overstayed your visa due to being a battered child or spouse, and you can prove your overstay is connected to your battery case.
- You’re not unlawful if you overstayed due to a pending process for a stay extension, visa status change, or in the process of getting a Green Card
- You’re not unlawfully present if you’re a beneficiary of the Family Unity program
- You are not unlawful if you’re a victim of any kind of trafficking operation as long as you have evidence of being a trafficking victim.
- If you are or were under 18 before getting your visa.
If you do not have proof of any of these things, and if none of these cases apply to you, you will be considered unlawfully present in the country, and legal action will be taken against you to force you out of the country and remove your visa privileges now as well as in the future.
Barring of Entry Based on Overstay Period
When determining the severity of the overstay case, the USCIS tracks the time by which a person has overstayed. This can put a person in one of the two categories, and penalties will be applied accordingly.
If you’ve overstayed your visa by no more than 180 days (6 months), you are eligible to have your visa voided and have any future visa privileges revoked. This means that the US consulate will not issue you another non-immigrant visa if you already have one, and you might have to go a different route to obtain one.
The other category is for people who have overstayed for more than 180 days but under a year. On top of having your visa revoked and being ineligible for another visa, you will also be issued a 3-year bar. This means that you will be barred from entering the United States for three years after your initial overstay.
Finally, there are those who have stayed beyond one year after the expiration of their visa. These persons will be issued a 10-year bar, meaning that, on top of everything else, the other overstayers get, they will also be barred from entering the United States for 10 years.
Ineligibility
Most overstay cases, unless proven within the bounds of the law, will also make them ineligible for issuing another visa. This is due to the USCIS considering the person untrustworthy, and denying further visa privileges.
This can be very problematic for countries that don’t have consulates that can issue visas. However, in such a case, the US government may issue a third country in which you may obtain a visa, provided that you’ve “served your time,” i.e., that you’ve been once again granted visa privileges.
Barring Change of Status
Besides ineligibility, and the voiding of your existing visa, overstaying also means that you will be barred from altering the status of your visa.
This means that you won’t be able to file for visa extensions, and, perhaps even more importantly, you will no longer be eligible to file for a Green Card.
What Can You Do if You Overstay
Overstaying doesn’t need to spell the end of the world for you. If you have a solid reason and evidence to back it up, your overstay might be mitigated, and you might even avoid legal trouble entirely.
The most important thing to do if you’ve overstayed, accidentally or otherwise, is to contact an immigration lawyer. You may also want to:
- Gather any documents you need to leave the country, and ready yourself for departure.
- Contact an embassy or a consulate and ask for advice on your next step.
- Obtain a means of leaving the country (book a flight, buy a bus ticket, get a car to drive across the border).
- DO NOT leave the country unless you are cleared by the consulate/embassy/USCIS.
- Contact a lawyer and familiarize yourself with your rights.
Waivers
Persons overstaying their visas have a right to a waiver. Waivers are documents that relieve you of any penalties associated with overstaying your visa.
However, in order to obtain a waiver, you need to prove you’ve been delayed due to extenuating circumstances.
If you have family in the US who are citizens of the United States, you might be eligible to get a waiver if you can prove that your departure will aggrieve your family or your spouse.
However, this only applies if you are legally married to a US citizen, are a child of a US citizen, or a parent of a US citizen who is over 21 years old. The waiver does not apply to parents of underage children, even if they’re US citizens by birthright (being born to a US citizen or being born on US soil).
Applying for an Extension
As we mentioned before, you are not unlawfully present in the US if you’re in the process of extending your visa. So, if you want to stay in the country past your visa expiration date, you can apply for an extension.
However, getting a visa extension is an extensive process.
You’ll need to provide proper documentation, as well as proof that your further stay in the country will comply with the regulations set by your visa. You may be penalized for applying fraudulently as a way of extending your stay without the intention of complying with your visa.
Conclusion
All in all, overstaying your visa is a serious issue that you ought to try to avoid at all costs. By overstaying, you’re not only breaking the law, but you’re also proving yourself untrustworthy, and you may be barred from further entry into the US.
However, life happens, and one might overstay due to circumstances outside their control. At that point, contact the embassy and a lawyer immediately to see if you can get any penalties waived if your overstay had a good reason.
Author Bio
Nicole Kelly is a Raleigh, North Carolina, US graphic designer, digital marketing consultant, and writer enthusiast. She loves writing about new business strategies, digital marketing, and social media trends for different blogs and DigitalStrategyOne.
Hi there! I’m Sethu, your go-to guy for all things tech, travel, internet, movies, and business tips. I love sharing insights and stories that make life more interesting. Let’s explore the world together, one article at a time!
