27/09/2023
Are you a US Visa Holder in the US as Overstay?
What is a US Visa Overstay?
What Happen If You Overstay your Visa?
A visa overstay is when you stay in the United States longer than your visa is allowed. All visas have expiration dates indicated on the I-94 Form, you are expected to have left the US by the time yours is set to expire
There are few consequences/penalties depending on the circumstances.
While there is no guarantee you will be able to avoid or mitigate the penalties of overstaying your visa, taking steps may improve your chances.
Consequences of Overstaying a US Visa
β’ Visa overstays may be barred from returning to the US for 3 or 10 years, depending on the period overstayed.
β’ Overstays may be further restricted from an Extension of Stay, Change of Status, or Extension of Status.
β’ Overstaying will void your existing visa.
β’ Overstays generally are unable to obtain a new visa except in their country of nationality.
Consequences #1: Inadmissibility
The Three-Year Bar:
The person who remain in the US after their authorized stay has expired for more than 180 days but less than one year, and who leave the US prior to the institution of removal proceedings, are barred from re entering the US for three years from their date of departure.
The Ten- Year Ban:
Persons who remain in the US after their authorized stay has expired for more than one year, and who leaves the US prior to the intuition of removal proceedings are barred from reentering the US for ten years from their date of departure
Consequences #2: Bar to Change or Extension of Status/Extension of Stay
They are not able to extend their stay in the US or change their status. In most cases, they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.
What is a US Visa Waiver and How Can I Get One?
What Happens if you Overstay Your Visa Due to Covid?
How To Avoid A Visa Overstay?
How Does the USCIS Know I Overstayed My Visa?
Valid Reasons for Overstaying Visa
Leaving the US After Overstaying Your Visa
Our partner lawyers have helped many applicants and have resolved their overstay problems. Contact us for consultation to discuss your options. Or send us a message we will get back to you within one business day.
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