When you first receive your visa, you will also be given an I-94 form. You’ll see the visa expiration date on that form – you will be expected to leave the country by that date listed.
Overstaying a visa in the United States has serious consequences that can affect your future immigration status and ability to return to the country. Below is what you need to know about overstaying your visa and what you can do for detention prevention.
If you have immediate questions or concerns, please contact Gonzales & Gonzales Immigration Bond at (800) 628-8888.
Immediate Consequences
Your presence becomes unlawful the day after your authorized stay expires. You begin accruing “unlawful presence” time, which triggers different penalties based on duration:
- 180+ days overstay: 3-year bar from reentering the U.S.
- 365+ days overstay: 10-year bar from reentering the U.S.
Additional Impacts
If you do not comply with the visa expiration date, you can expect some of the following to occur:
- Your visa will become automatically void
- You may be ineligible for visa extensions or status adjustments
- Risk of deportation proceedings
- Potential difficulty obtaining future visas
- May affect employment authorization
- Could lead to arrest and detention by immigration authorities
Departure Requirements
If you overstay, you must leave the U.S. immediately. However, you cannot simply depart and return. The reentry bars take effect upon departure, and you’ll need to apply for waivers for future visits. If you have questions about this, please give us a call at (800) 628-8888.
Exceptions & Special Circumstances
Some situations may protect you from accruing unlawful presence. These include:
- Pending extension or change of status application
- Under 18 years of age
- Asylum applicants
- Victims of trafficking or other qualifying crimes
Steps to Follow if You’re Currently Overstaying
- Consult an immigration attorney immediately
- Gather documentation about your stay
- Consider applying for any eligible relief
- Prepare for departure if required
Prevention is crucial – monitor your I-94 expiration date and apply for extensions well before your authorized stay ends. If you have additional questions or concerns, please contact G&G Immigration Bonds at (800) 628-8888. Our team can help answer any questions you may have about your visa.