Could I Reenter the U.S. If I Overstay My Visa? - HENRY & GROGAN Attorneys At Law (2024)

FAQs

Could I Reenter the U.S. If I Overstay My Visa? - HENRY & GROGAN Attorneys At Law? ›

If you exceed your stay by more than 180 days but less than 365 days, you will be barred from re-entering the United States for three years. If you exceed your legal stay by more than a year, you may be prohibited from re-entry for ten years.

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

Some of the consequences of overstaying your visa status are: Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”. Visa overstays may be restricted from applying for Extension of Stay or Change of Status.

Automatic Visa Revocation After Overstay of Any Length

There is no waiver or forgiveness for this. But if you did, in fact, submit an application to USCIS for a change or extension of status before the departure date, and USCIS eventually grants it, none of your overstay will count against you.

If you received a “final order of removal,” you must leave the U.S. within 90 days of receiving the order. If you do not, you may be subject to imprisonment or heavy fines.

Overstays & Unlawful Presence

If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.

Applying for a Green Card Through Family After a Visa Overstay. One of the only ways to apply for a Green Card after a visa overstay is through a family member who is a U.S. citizen, this includes spouses and in certain situations parents or children.

Tracking Visa Overstays: The I-94 Form

Upon your departure from the U.S., the border officer will collect your I-94 form. This is the official proof that you have left the country within the authorized period. If you fail to submit an I-94 form the government will simply assume this is because you overstayed.

Valid reasons for overstaying a visa include:

You have a pending application for either a Green Card, a change of status or an extension of status. You were a victim of trafficking who can prove that the trafficking was one of the reasons for the unlawful presence. You were under the age of 18 when you entered the US.

An alien who overstays shall be fined or imprisoned for up to six months, or both. Such an individual may not be admitted into the United States for 5 years, and may not be granted a visa for 10 years.

Will I be deported if I overstay? ›

Immigration Consequences: Overstaying can severely affect your chances of obtaining future visas or immigration benefits, like a green card or citizenship. It may lead to removal proceedings, potentially resulting in a deportation order and a ban from re-entering the USA for a specific period.

For those with long-term overstays, marriage to a U.S. citizen still offers a pathway to adjust status within the U.S. However, it's crucial to proceed with caution and under the guidance of an experienced immigration attorney.

The length of the ban depends on the duration of your overstay. If you accrue more than 180 days of unlawful presence and then depart the United States, you may face a three-year bar from reentering. If you accrue more than one year of unlawful presence, the bar increases to ten years.

After 10 years, you must request consent to reapply before you seek admission to the United States. 2. You were removed from the United States as an inadmissible, arriving alien under INA section 240, and the removal proceedings were initiated when you arrived at a U.S. port-of-entry.

In most cases, you can return to the United States after being deported to your country of origin. But you will need to wait some years before you can try to enter the country again. Remember that the number of years you must wait out depends on the reasons behind your deportation.