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 reasoning, 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 and 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.
Immediate Immigration Consequences
When you overstay a visa, it can have serious and immediate consequences, such as:
- The accrual of unlawful presence
- Risk of removal proceedings
- Loss of eligibility for certain benefits
Reentry Bars and Long-Term Consequences
It’s critical to understand that a visa overstay can also impact future immigration actions, like reentry into the country:
- Accrual of more than 180 days of unlawful presence warrants a three-year bar on reentry
- Accrual of more than 365 days of unlawful presence constitutes a ten-year bar on reentry
You will also likely face visa voidance and consular reprocessing requirements when you return to your home country.
How Do I Know How Long I Am Allowed to Stay in the United States?
One question many who are issued a visa have is how long they are able to remain in the country.
Authorized Period of Stay vs. Visa Expiration
When you are issued a visa, it will have an expiration date. It is critical to understand that the expiration date is not the same as your authorized period of stay. As such:
- Your visa expiration date represents the last possible date that you are able to enter the United States
- Your authorized period of stay determines how long you can legally remain in the country
- Your authorized period of stay is determined at entry and will be stamped on your I-94
Understanding Form I-94
- Form I-94 will be issued by a Customs and Border Protection Officer at your entry point into the United States
- This form will include an “admit until” or “D/S” section
- This stamp shows the deadline for how long you are legally allowed to remain in the United States.
What Are the Penalties for Overstaying a Visa?
As mentioned, overstaying a visa can have serious consequences. This includes:
- The accrual of unlawful presence
- Possible removal proceedings
- Three-year, ten-year, or permanent entry bars
- Denial of future visa applications
- Mandatory consular processing in your home country
Can I Apply for an Extension or Change of Status?
Understandably so, you may not be ready to depart from the United States. Well, you may rest assured knowing that you have the option of applying for an extension of stay or a change of status. More specifically, this may be accomplished by filling out and filing Form I-539, Application to Extend/Change Nonimmigrant Status.
Filing Form I-539
When filing Form I-539, the following requirements must be met:
- 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 a change of status
What Happens While My Application Is Pending?
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.
What If I Have Already Overstayed?
In the event you have already overstayed your visa, it’s imperative to immediately contact an experienced immigration attorney. While you may have options depending on how long you have overstayed, the length of your unauthorized time in the country will impact your options. As such, an attorney can help you determine the best course of action for your circumstances.
Contact Our Baltimore County Immigration Law Firm Today
If your visa is set to expire or you believe you are unlawfully in the country because of an expired visa, working with the team at the Sheri Hoidra Law Office, LLC is in your best interest. Our team can examine your unique circumstances to determine the best course of action. As unlawful presence can quickly accrue and hurt future immigration endeavors, do not hesitate to contact our firm today.
