What if I Overstay My Nonimmigrant Visitor Visa?

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You may be visiting the United States for business (i.e., B-1 visa) or for tourism (i.e., B-2 visa). Regardless of your reasonings, you will be issued an authorized period of stay that you must not violate. Follow along to find out what happens if you overstay your visa and how a proficient Baltimore County, Maryland temporary travel visas lawyer at Sheri Hoidra Law Office, LLC can help you plan accordingly.

What happens if I overstay my nonimmigrant visitor visa?

With a nonimmigrant visitor visa, such as a B-1 or B-2 visa, a Customs Border Protection officer may likely issue you an authorized period of stay of 180 days. You may be facing serious legal consequences if you overstay your visit to the United States by even just a day.

First of all, you may be removed from the country almost immediately. With this, you may be ineligible to reenter the country for anywhere from three to 10 years. The duration of inadmissibility is dependent on the extent to which you were unlawfully present.

Secondly, your current nonimmigrant visitor visa may be automatically voided. This comes with being barred from obtaining a new visa in any other country besides the one of your nationality. And lastly, you may lose out on your opportunity to legally adjust your status in the country, now and in the future.

This is all to say that spontaneously prolonging your visit to the country may not be worth it.

How can I apply for an extension of stay or change of status?

Understandably so, you may not be ready to depart from the United States. Well, you know rest assured knowing that you have the option of applying for an extension of stay or change of status. More specifically, this may be accomplished by filling out and filing Form I-539, Application to Extend/Change Nonimmigrant Status. Without further ado, this application may require the following:

  • A filing fee of $370, plus additional fees like biometrics fees.
  • A copy of your passport biographic page.
  • A copy of your nonimmigrant visitor visa and its admission stamp.
  • A copy of your Form I-94, Arrival/Departure Record.
  • Any relevant documents supporting your reasoning for requesting an extension of stay or change of status.

It is worth mentioning that you may legally remain in the country, even if your authorized stay has since expired, if you have a pending extension of stay or change of status application on record. With that being said, it is in your best interest to kickstart your application before your stay expires.

A talented Baltimore County, Maryland temporary travel visas lawyer is the best fit for you. So please contact Sheri Hoidra Law Office, LLC when it comes to your application.