What is your status if you overstay your visa?

Overstaying Your Visa: The Consequences

Maintaining a lawful immigration status is essential for anyone residing in the United States. However, if you fail to depart by the expiration date on your visa, you will lose your authorized status. This action has serious implications and can significantly affect your future immigration prospects.

What Happens When You Overstay Your Visa?

Overstaying your visa triggers the accumulation of unauthorized presence, a violation of immigration law that can impact your future applications. This can lead to the following consequences:

• Accrual of Unlawful Presence: Each day you remain in the U.S. after your visa expires adds to your unlawful presence. This will affect your eligibility for certain immigration benefits, including certain nonimmigrant visas and green cards.
• Inadmissibility: If you accumulate more than 180 days of unlawful presence, you may become inadmissible to the U.S. for up to three years. For an absence of more than a year, inadmissibility can extend up to ten years.
• Deportation: In severe cases, an extended period of unlawful presence can result in deportation proceedings. The Department of Homeland Security (DHS) has the authority to remove anyone who violates immigration laws, including those who overstay their visas.

Importance of Adhering to Visa Terms

It is crucial to carefully adhere to the terms of your visa and ensure that you depart the U.S. on or before the expiration date. Failure to do so can have long-lasting consequences for your immigration status and future opportunities.

If you find yourself in a situation where you are unable to depart by the expiration date, it is essential to seek professional legal advice immediately. An immigration attorney can guide you through your options and help you mitigate the potential consequences of overstaying your visa.

Remember, maintaining a lawful immigration status is vital for your safety, security, and future prospects in the United States. By adhering to your visa terms and avoiding unauthorized presence, you can protect your immigration rights and create a positive path forward.