What Can Happen if You Overstay Your Visa?

People come to the United States for various reasons, such as working, vacationing, visiting family, or getting married. Some visitors have to get a visa to enter the U.S. Visas are only valid for a set period. After the visa expires, you will lose your legal status to stay in the country.

Many people want to stay in the U.S. beyond their visa limit. But if you have a visa overstay, you can be deported or removed from the country.

U.S. immigration laws can change at any time. If you have questions about changing your visa status or extending the expiration date, talk to an immigration attorney.

What Are the Consequences of Overstaying Your Visa?

Overstaying your visa past the expiration date makes you an unlawful presence in the U.S. Immigration officials will find you inadmissible for reentry if you apply for a new visa later. Inadmissibility depends on the number of days of unlawful presence.

Typically, you will face removal proceedings if you exceed your visa for more than 180 days. If you stay over 180 days but less than a year, you will be unable to legally enter the U.S. for three years. If you exceed it by a year or more, you will be inadmissible for 10 years. Inadmissibility can be permanent if you try to reenter the U.S. without permission.

According to the Immigration and Nationality Act (INA), if you exceed your visa by no more than 180 days, you must leave the country. After arriving in your home country, you can apply for a visa to return immediately. There are a few exceptions, and you should consult an immigration lawyer to see if you qualify.

Who Enforces Expired Visa Laws?

Different government agencies regulate and enforce U.S. immigration laws. The U.S. Citizenship and Immigration Services (USCIS) processes and approves immigration visas. The Department of Homeland Security (DHS) has two enforcement agencies. The U.S. Customs and Border Protection (CBP) enforces immigration laws along the border and at ports of entry. Immigration and Customs Enforcement (ICE) enforces immigration laws and manages detention, deportation, and removal proceedings.

Can You Request an Extension of Your Stay?

If you want to extend your stay on U.S. soil, you should start the application process before your visa expires. USCIS recommends filing for a visa extension at least 45 days before the expiration date. If you applied for an extension before the expiration date but have not received a response, DHS generally won’t remove you until the extension is processed.

For most tourist and business visas, you can file for a six-month extension. To get an extension, file Form I-539, Application to Extend/Change Nonimmigrant Status. In your extension request, include why you want an extension. You should also include what arrangements you made to leave the U.S. and return to your home country.

Can You Get an Extension After Your Visa Has Expired?

If your nonimmigrant visa has already expired, you can only request an extension of the stay if you can prove that:

• The delay was due to extraordinary circumstances beyond your control
• The delay time was reasonable
• You have done nothing else to violate your nonimmigrant status, such as working without USCIS approval
• You are still a nonimmigrant
• You are not currently in removal proceedings

How Long Is a Visa Valid?

Several types of immigration and nonimmigration visas are available for foreign nationals. Nonimmigration visas are for temporary stays, such as tourists and business visitors. If you’re a nonimmigrant visa holder, you agree to return to your home country by the visa expiration date when you enter the U.S.

Business visitor (B-1) and tourist (B-2) visas can be valid for up to 10 years. They allow for stays of up to 180 days in the U.S. per entry. Both visas are eligible for a six-month extension.

Temporary employment visas are also available if you want to work in the U.S. but not immigrate. Temporary work visas can depend on the type of work or profession. The expiration date for temporary work visas can depend on the type of visa. An H-1B visa for workers in a specialty occupation is three years. It can be extended for another three years, for a total of six years. An H-2A visa for agricultural workers is valid for up to three years.

Immigration visas are for people who want to live and work in the U.S. Different types of immigration visas include:

• Family member visa
• Fiancé visa
• Diversity visa

If you come to the U.S. on one of these visas, you can apply to become a lawful permanent resident or green card holder. Green card holders are eligible to stay and work in the country lawfully. If you’re a permanent resident, you have a lawful presence unless you violate immigration laws. After a certain period of holding a green card, you can apply to become a U.S. citizen.

Can You Change a Nonimmigrant Visa to an Immigrant Visa?

If you decide you want to immigrate to the U.S. after entering on a nonimmigrant visa, you must change your immigration status. For example, say you entered on a tourist visa and want to attend a university under a student visa. You must apply for an adjustment of status before your visa expires. If you stay after your visitor visa expires, you can be barred from reentry and removed.

How an Immigration Lawyer Can Help

Ideally, you can get a visa to enter the United States, stay for the allowed number of days, and leave again. But if you remain in the U.S. after your travel document has expired, you can face immigration problems, including deportation or removal proceedings.

Overstaying your visa could also limit your U.S. immigration opportunities. If you want to extend your stay, begin the process early enough that your visa doesn’t expire. An immigration lawyer can help you explore your eligibility options. They can help you start the process of extending your stay.