In the United States, visa overstay refers to the situation where a nonimmigrant foreign national remains in the country beyond the authorized period of stay, which is typically indicated on their Form I-94 Arrival/Departure Record.
When someone enters the United States on a nonimmigrant visa, they are usually given a specific period of authorized stay, which is determined by the immigration officer at the port of entry. This period may vary depending on the type of visa and the purpose of the visit. For example, a visitor for tourism may be given a period of six months, while a student may be authorized to stay for the duration of their program.
If a nonimmigrant remains in the United States beyond the authorized period of stay, they are considered to have overstayed their visa. This can have serious consequences, including:
- Ineligibility for future visas: Overstaying a visa can make it difficult for an individual to obtain future visas to enter the United States.
- Accrual of unlawful presence: An individual who overstays their visa may begin to accrue unlawful presence, which can make them subject to a three- or ten-year bar from entering the United States if they depart the country.
- Deportation: Overstaying a visa is a violation of immigration laws, and can result in deportation or removal proceedings.
- Impact on eligibility for adjustment of status: An individual who overstays their visa may be ineligible to adjust their status to lawful permanent resident (green card holder) while in the United States.
- Other legal consequences: Overstaying a visa can also have other legal consequences, including being barred from working or studying in the United States, or being barred from re-entry to the United States for a certain period of time.
It is important for nonimmigrants to ensure that they depart the United States before their authorized period of stay expires, or to apply for an extension of stay before their authorized period of stay expires, if they need additional time in the United States. If you believe you have overstayed your visa and want to adjust status or come to the U.S. please contact us for a free consultation.
The above statements are for informational purposes only and do not constitute legal advice regarding a specific situation or issue. Every case is different and is evaluated on its own merits and facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.