Q:

What happens to someone who overstays their visa in the U.S.?

A:

Quick Answer

The consequences of overstaying a visa in the United States include a three year or 10 year bar from the country, a restriction from extension of stays or change of status, deportation and the person's existing visa is voided. The laws changed in 1996, when consequences for those people overstaying their visa were increased.

  Know More

Full Answer

An overstay could be a B-2 visitor, F-1 student, visa waiver tourist or H-4 spouse that stayed longer than the authorized time dictated on their visa when they entered the U.S.

Anyone who overstays their visa by 180 days in the U.S. is barred from the country for a specific amount of time. Generally, anyone who stays longer than 180 days but less than a year is barred from the U.S. for three years. Anyone who overstays their visa by more than a year is barred for 10 years from reentering the U.S.

A waiver can be applied for to reduce or eliminate the barred time for immigrants that have parents or a spouse in the U.S. that are citizens and proof that they would suffer severe hardship without the individual there to help support them would be needed on the form.

In order to avoid overstaying a visa in the United States, there are expiration dates clearly stated on the documents given at the time of entry. The visa holder is expected to leave before the expiration date and a stamped passport and dated airline tickets help offer proof if there is ever a question about departure time.

Learn more about Immigration
Sources:

Related Questions

  • Q:

    What are the requirements to become a U.S. citizen?

    A:

    Requirements for becoming a U.S. citizen include holding a green card and residing in the United States for at least 5 years before applying, proficient English language skills, an understanding of American history and government and being of good moral character, according to U.S. Citizenship and Immigration Services. People can also obtain citizenship through birth.

    Full Answer >
    Filed Under:
  • Q:

    What are U.S. immigration laws?

    A:

    Immigration laws establish a visa system for individuals from other countries who wish to enter the United States for a limited period of time, according to HG.org. Additionally, these laws establish the criteria and process for becoming a naturalized U.S. citizen, explains the American Immigration Council.

    Full Answer >
    Filed Under:
  • Q:

    How do you check the status of a U.S. green card?

    A:

    Green Card status information is available online at USCIS.gov, advises the U.S. Citizenship and Immigration Services. Click the Check Your Case Status Link located near the center of the home page. Enter the application receipt number in the box located on the Case Status Online Web page. Click Check Status.

    Full Answer >
    Filed Under:
  • Q:

    How do you obtain a U.S. work visa?

    A:

    To obtain a work visa, first obtain a regular visa with the U.S. Citizenship and Immigration Services, complete a work visa application, and attend an interview at the U.S. Embassy or Consulate in your home country, instructs the U.S. Department of State. Processes differ slightly between countries.

    Full Answer >
    Filed Under:

Explore