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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.

WHAT HAPPENS IF YOU OVERSTAY YOUR U.S. VISA?

· 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.

SEEKING THE HELP OF AN IMMIGRATION LAWYER:

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.

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