The Potential Consequences of Overstaying a Visa
Although it used to happen relatively often and typically without significant consequence, the practice of staying in the United States beyond the expiration date of your immigration visa is now commonly a matter of serious concern and potentially severe consequences.
What Are the Potential Consequences of Staying Beyond the Period Permitted by Your Visa?
Neglecting to leave the country before your visa expires, also known as “overstaying” your visa, has been subject to much greater scrutiny over the last decade. If you have overstay your visa, the potential ramifications can include:
- The immediate revocation or cancellation of your existing visa
- A prohibition from filing for a change/adjustment of status or extension to your existing visa—If you file a “non-frivolous” application for change/adjustment of status, or for extension of your stay, before your visa expires, you may stay in the country until your application has been considered and a decision has been made.
- A ban from reentering the United States for up to 10 years, but for a minimum of three years, based on how long you overstayed your visa or why you were unlawfully present in the United States. If you overstayed more than 180 days, but less than a year, you may not seek to return to the U.S. for three years. If your overstay exceeded one year, you may be banned for up to 10 years.
- A prohibition from receiving a new visa anywhere except through your country of origin…you will not be able to seek any type of visa while in the United States—An overstay will disqualify you from “consulate shopping,” the practice of applying for a visa in a location that is more convenient or closer to the United States. A narrow exception exists for anyone who can show “extraordinary circumstances” that necessitate filing in a country other than their place of origin.
How to Avoid Allegations of Overstaying Your Visa
First and foremost, you must depart from the United States on or before the date shown on your I-94, or you must file a non-frivolous application for change or adjustment of status, or for an extension of your stay. To be safe, when you leave the country, you should document your departure by keeping records, such as plane tickets, boarding passes and travel itineraries.
Contact the Proven Immigration Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we have extensive knowledge of the American immigration laws and have worked with thousands of people seeking lawful permanent residency or citizenship status in the United States. We will aggressively advocate for you in any immigration matter, from applications for a visa to the defense of deportation or removal proceedings. We can also be your advocate if you encounter legal problems because you remained in Texas after your visa expired.
We provide a free initial consultation to every client. To schedule an appointment with a knowledgeable and thorough immigration lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
