What Happens If You Overstay a Visa in the United States?
Visas are used by many people to enter the United States for travel, employment, studying, or any other purpose. But issues can occur if an individual stays in the country beyond the duration specified by their visa. Overstaying on a visa is an immigration problem that can cause other immigration problems, such as difficulties traveling to the United States again in the future or even being deported from the country.
What is a visa overstay?
A visa overstay is defined as the act of remaining within the jurisdiction of the United States after one’s authorized period of stay expires. The date of this expiration is usually indicated on Form I-94, which is issued once a person arrives in the United States. Although a visa enables a person to come to the U.S., the I-94 indicates how long one is legally permitted to stay.
For instance, when a tourist visits the United States using a B-2 visa, they may be permitted to stay in the country for six months. Once this duration expires, the tourist automatically overstays their visa period.
Unlawful presence and immigration consequences
Among the most important implications of violating immigration laws by overstaying your visa is gaining unlawful presence. An unlawful presence means being in the country without having legal immigration status.
A foreign national who has been in the U.S. unlawfully for more than 180 days (but not more than one year) after which the person leaves the country, faces a three-year period during which they will be unable to enter the U.S. again. A person who spends more than one year in the country without any legal status risks being banned from reentering the U.S. for 10 years.
Visa overstays can also complicate the process of receiving further visas, since consular officers examining applications for visas can conclude that a person who once overstepped the permitted limit in the country might violate the conditions of their visa.
Possible immigration options after overstaying
Even when faced with possible consequences, being out of status is not necessarily a barrier to having any further legal action open to a person who wants to stay in the U.S. There are instances where people who have overstayed their visas can still be eligible for immigration benefits or other actions.
This could be because people who entered the country lawfully at one time and subsequently married a U.S. citizen can also be eligible for lawful permanent residence by way of adjustment of status, even when they are out of status. Immediate relatives of United States citizens have an advantage as far as certain penalties are concerned.
Talk to a Miami, FL, Immigration Lawyer Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of those seeking to immigrate to the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin preparing your petition right away.