Consequences of Overstaying on a Temporary U.S. Visa | Overstay in the USA

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Visitors entering the U.S. have a certain authorized period of stay. Depending on the type of visa the visitor is entering with, the duration of stay might vary. Once a visitor attempts to enter U.S. they will be provided with an I-94, and the I-94 will state the exact date, before which they may have to exit. There are serious consequences if you over stay without official permission.

You may have to apply for an extension at least 45 days before your visa expires. If you fail to do so, but continue to stay in the U.S. illegally, you may be subjected to serious ramifications as a result. You may:

  • Face a three to ten year bar if you have exceeded your visit for more than 180 days, but you leave before any action was taken.
  • if you overstay after your status expires, and did not file for a renewal before the expiration, then you may not be able to make a renewal application
  • Your current status may become void if you overstay for a short period. You may have to exit the U.S and apply for a new status
  • Have to return to your home country, if you have overstayed. You may not be able to apply for a new status from within or nearby U.S.
  • Be considered inadmissible, and you may need U.S. Waiver to re-enter Canada.

The U.S. government takes illegal immigrants extremely seriously, and it important that you abide by the terms of your stay.

There are ways to overcome inadmissibility issues but you should do your best not to find yourself in such situations.

We can help you through the process and guide you in the right direction, you may contact us and our team of professionals will be happy to assist you.