Visa Overstay

 

Overstaying is the act of foreign nationals who have remained in the U.S. after the expiration of their visa period of stay, in violation of U.S. immigration law. Individuals who have overstayed may later face a severe penalty and difficulty if they apply for adjustment of status to obtain a green card. The consequences of overstaying is generally inadmissibility There are two grounds of inadmissibility for persons who have overstayed:

  • The Three Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than 180 days but less than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.
  • The Ten Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure.
  • Bar to Change of Status and Extension of Stay as a consequence of Overstaying

Persons who remain in the U.S. after their authorized period of stay are not able to extend their stay in the U.S. or change their status to another nonimmigrant status. Generally, they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

Visa Void as a consequence of Overstaying: the visa of any persons overstaying their period of stay will be voided. Overstaying by even a day will void your existing visa. Accordingly, a person who has overstayed may not be readmitted unless they have obtained a new nonimmigrant visa in their country of nationality.

Immigration law is very complicated, and you may not be familiar with all of your immigration options. The Normandy Law Group has attorneys and lawyers in major metropolitan areas, including New York, Chicago, New Jersey, Charlotte, Los Angeles, to counsel on your immigration options.

Our job is to ensure that you will be in the best position to make decisions about your immigration.  

Call our toll free number (877) 670-5744 or email us for a free consultation.