What happens if I overstay my visa in the United States?

What the Law Says

Federal law treats visa overstays as the accrual of 'unlawful presence,' which carries serious immigration consequences—including mandatory bars on reentry and ineligibility for most status changes or extensions.

Under the Immigration and Nationality Act, a noncitizen who remains in the United States beyond the period authorized by the Attorney General is considered to be in 'unlawful presence.' This triggers automatic penalties based on duration.

Specifically, if you accrue more than 180 days but less than one year of unlawful presence and then depart the U.S., you are barred from reentering for three years. If you accrue one year or more of unlawful presence and then depart, the bar rises to ten years.

Additionally, most applications for change of status, extension of stay, or adjustment of status become unavailable once unlawful presence begins—unless you qualify for a narrow statutory exception (e.g., certain victims of abuse or trafficking).

Statutory Text

(a)(9)(B)(i)(I) any alien who has been unlawfully present in the United States for a period of more than 180 days but less than 1 year, and who voluntarily departs the United States before the commencement of removal proceedings, shall be inadmissible to the United States for a period of 3 years;

— 8 U.S.C. § 1182(a)(9)(B)(i)(I) — Inadmissible aliens

Statutory Text

(a)(9)(B)(i)(II) any alien who has been unlawfully present in the United States for a period of 1 year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, shall be inadmissible;

— 8 U.S.C. § 1182(a)(9)(B)(i)(II) — Inadmissible aliens

What to Do

Sources