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Visa Overstays: Rules and Consequences
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When a foreign national enters the United States on a visa, or on the Visa Waiver Program (VWP), the person is given a date by which he or she must depart. The exact date is shown on the Form I-94 card that is placed in the person's passport by an officer of U.S. Customs and Border Protection (CBP).
However, no one will chase after the visa entrant on the departure date to escort the person home. It's up to the visa holders themselves to leave on time. That's why the U.S. immigration laws contain various penalties and consequences that give visa entrants strong motivation to leave when expected.
Overstayed a Visa: Immediate Consequences
The consequences of a visa overstay for a young person who may later wish to apply for U.S. immigration benefits.
What to do if you're a tourist overstaying a visa, but believe you have some grounds upon which to obtain U.S. lawful permanent residence, or a green card.
How to cure the appearance of having overstayed your visa when you merely forgot to turn in your I-94 upon departure.
How an overstay can lead to inadmissibility after you leave the U.S. and attempt to return.
How foreign nationals overstay their visas, the possible consequences of overstaying, and how you can make sure you are able to reenter the U.S. even after your overstay your visa.
An international student is at risk of accruing unlawful presence in the United States if he or she remains in the U.S. beyond the period of authorized stay.
Green Card Eligibility After a Visa Overstay
Consequences of a visa overstay when seeking to apply for a green card from within the United States.
The impact of a visa overstay in the United States, and whether it can be “forgiven,” depends on the how long you stayed and what immigration benefit you are currently seeking.
The limited circumstances under which applying to adjust status wipes out an overstay violation.
How to cure the appearance of having overstayed your visa when you merely forgot to turn in your I-94 upon departure.
Barriers to obtaining a green card or visa for applicants who overstayed a student visa.
Possibilities for a green card if you get married after the 90 days' duration of the fiance visa.
If you have overstayed on your M-1 student visa, your options for staying in the United States will vary depending on whether you are still in the country and whether you have accrued what is known as "unlawful presence."
If you have overstayed on your F-1 or J-1 student visa, your options for staying in the United States will vary depending on whether you are still in the country and whether you have accrued what is known as "unlawful presence."
Further Resources on Green Card Eligibility
How to Get a Green Card
Explores the most likely ways to qualify for a U.S. green card, such as through family or the visa lottery.
Explores the most likely ways to qualify for a U.S. green card, such as through family or the visa lottery.
U.S. Immigration Made Easy
A comprehensive guide to eligibility and application procedures for U.S. green cards based on employment, family, and more.
A comprehensive guide to eligibility and application procedures for U.S. green cards based on employment, family, and more.
Fiance and Marriage Visas
Explains not only eligibility but procedural requirements for getting a green card based on marriage.
Explains not only eligibility but procedural requirements for getting a green card based on marriage.
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