Immigration News

What if you overstay your U.S. Visitor Visa?

By carokinsella

There are different types of VISA’s affirming your visit, temporary or permanent to the United States that define the terms of the stay of the visitor in the country.

One of the guidelines that the visitors must always be alert about is the duration of the validity of the VISA they hold. When your visa is issued, it comes with an issuance date and an expiry date.

Basically, the time in between is the amount of time, you are legally allowed to stay in the country. You are expected to leave the U.S. at least by the time your visa is set to expire. Anytime limit beyond that is overstaying. Hence, it is important that you remain alert of this timeline and always make it a point to plan the return trip within that time period.

Now, we don’t always have control over everything, and sometimes unprecedented things happen that can hinder our plans, and you may not be able to return by the time your visa expires.


· If you overstay, it will automatically make your visa void/cancelled.

A foreign national who has overstayed a visa may not be readmitted unless they have filed for an extension or obtained a new nonimmigrant visa in their country of nationality.

· You may be prohibited from visiting the U.S. for 3 or 10 years, depending on the amount of time overstayed.

People who remain in the US for more than 6 months, but less than an year of their Visa expiring, and leave prior to the institution of removal proceedings, are not allowed to entered the U.S. before three years from the time of their return.

And people who remain in the U.S. after more than an year of their VISA expiring, and who leave the U.S. prior to the institution of removal proceedings, are not allowed to entered the U.S. before then years from the time of their return.

· You may further be restricted from receiving any Extension of Stay or Change of Status

1. Bar to Change of Status/Extension of Stay

After your authorized period of stay in the U.S. you can no longer apply to extend the visitation, nor can you change your status to another non-immigrant status. And in most cases, an overstaying non-immigrant visitor can also not change their status to immigrant after their period of visitation is over.. However, if the visitor files for a change of status/extension of status before the period of authorized stay expire, the foreign national will be allowed to reside in the states until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

· Will be barred from obtaining a new Visa, except in the home country

According to the law, any foreign national, who has overstayed their visa, cannot renew a visa in the United States. They will have to return to their home country to acquire a new Visa.


You may consider opting for legal help if you have overstayed your VISA.Overstaying your Visa, may make you come face to face with some serious consequences, which can prove to be quite a hassle, hence if you want to not take a risk and be on the safe side, it is always advisable to opt for legal help. Having professional support, advice from an experienced immigration lawyer can help you avoid serious consequences which you may have to face if you are still in the U.S. after your Visa has expired. Hence, keep an open mind to getting legal help if things appear to be getting out of hand.

Follow us :-

Discuss this article
Article Rating is 7.6571 (Good).
Rated by: 2412 voters.
How do you find this article?
Excellent Good Average Poor Very Poor

You can also Submit an Article and help other community members. Thanks.

Similar Articles

Travel and health insurance is required for a Super Visa application
For faster family reunification, Citizenship and Immigration Canada has introduced Super Visas for parents and grandparents of Canadian citizens or pe..
Tips for Visitor Visa of Parents
It is quite easy to get Visitor Visa for parents. If you provide enough documents from your side and your parent show proper documents from their side..
Immigration tips for illegal workers
Question: There are news articles appearing in the newspapers that Canadian Govt is considering giving general amnesty to all illegal workers in Cana..
Tips for getting Canadian Student Visa
Where ever in India you are are you must go to DELHI for your VISA (you have consulate offices in many cities in India however its only the Canadia..
How can my Family Immigrate to Canada?
Question 1: My mother remains in India. I immigrated to Toronto, Canada ten years ago. Can my mother immigrate to Canada with my help? Answer: ..
6 Benefits of Choosing the Best Canada Immigration Consultants
Choosing to move to another country is undeniably a difficult decision. But once you decide, you only want the process to go as quickly and smoothly a..
Common Myths About Canada PR Visa | Polaris Immigration
It can be a challenging task to deal with the complexities of Canada’s immigration system. The complicated process will lead to misinformation as real..
New Students - Opening a bank account
Q1. I came to Canada on a student visa and I need to open a bank account, which bank should I go to? I will try to answer this fair question by l..
Detailed overview of Canada immigration consultants in Dubai
The process of migrating to international destination for education, travel or work opportunities is referred to as immigration. Every country has uni..
Immigration appeal for Mr. & Mrs. Puri - my parents
Dear All - I have been waiting to unit with my parents for last 6 years. I am appealing Canadian Immigration to grant visa to my parents which wa..
Title: How to apply for immigration to Canada?
Step 1 Step by step process to immigrate to Canada You need to arrange to get an Education Credential Assessment from a recognized authority. ..
Immigration detainee’s limitless detention in Canada - Challenged
The existing immigration laws provide that an immigration detainee can be held in custody indefinitely. Not that this happens in every case, but it do..
How Canada Express Entry Works?
How Canada Express Entry Works? Canada is considered to be one of the perfect destination for permanent settlement and more and more Indian nationals..
My Success Story - Albeit Of A Different Kind
I have now decided to share my whole experience with Canadian Immigration, from the initial unsuccessful attempt till the reapplication and landing in..
Income Tax in Canada - Individuals
GET READY FOR YOUR FIRST TAX RETURN AND BENEFITS CLAIM All the persons living in Canada have a statutory obligation to comply with the laws of Ca..

Articles Groups

  • Canadian Immigration & Citizenship
  • My Experiences with Canada
  • About Canada
  • Tips for job findings
  • Housing and Mortgages
  • Money Matters
  • Tips for newcomers to Canada
  • RESP & Insurances
  • Education in Canada
  • Miscellaneous

  • Subscribe

    Google Search

    Share page via email

    Share on Social Media

    Manage your listings

    Advertise Contact Us Privacy Policy and Terms of Usage FAQ
    Canadian Desi
    © 2001 Marg eSolutions

    Site designed, developed and maintained by Marg eSolutions Inc.