Overstaying your visa in the USA can have serious legal consequences. When you enter the USA on a visa, you are given a specific period of time that you are allowed to stay in the country. If you remain in the USA beyond that period without a valid immigration status, you are considered to be in the country unlawfully. We discuss some potential consequences of overstaying your visa here.
What will happen if I overstay my visa in the United States?
When you enter the USA on a visa you are admitted for a specific time period. You are responsible to maintain your status while inside the USA and to depart the USA in a timely manner when your status expires. Overstaying your visa can have serious consequences. Here are some potential consequences of overstaying your visa:
- Immigration Consequences: Overstaying your visa can result in negative immigration consequences. It may affect your ability to obtain a future visa or immigration benefit, such as a green card or citizenship. It can also lead to being placed in removal (deportation) proceedings, which may result in you being ordered to leave the country and barred from returning for a certain period of time.
- Legal Penalties: Overstaying your visa is considered a violation of U.S. immigration law, and you can face legal penalties for doing so. These penalties may include fines, restrictions on future travel to the U.S., and even criminal charges in certain cases, depending on the circumstances.
- Loss of Benefits: If you overstay your visa, you may lose certain benefits that you were entitled to while you had a valid immigration status, such as employment authorization, access to public benefits, and the ability to obtain a driver’s license.
- Difficulty Adjusting Status: If you were planning to apply for a change of status, such as adjusting your status to permanent residency (green card), overstaying your visa can complicate or prevent you from being able to do so.
- Negative Impact on Future Immigration Applications: Overstaying your visa can have a negative impact on any future immigration applications you may submit, as it may be considered a violation of U.S. immigration law and raise questions about your immigration history, which could lead to delays, denials, or other negative outcomes.
It’s important to understand the terms and conditions of your visa and to comply with U.S. immigration laws to avoid overstaying your visa. If you have questions or concerns about your immigration status, it’s recommended to consult with a qualified immigration attorney for personalized legal advice.
Immigrant & Non-immigrant Visa (NIV) Waivers
