Consequences of visa overstays

According to the Center for Immigration Studies, more than half of the overstays in 2020 were short-term visitor visas. When individuals enter the U.S. on a visa, there is an understanding that they will adhere to the specified timeframe granted by that document.

Overstaying a visa leads to a series of consequences that can impact both the individual and his or her future immigration endeavors.

Unlawful presence

Unlawful presence can result in the barring of the individual from reentering the country for a certain period of time. The length of this bar can vary, depending on the length of the visa overstay.

Immigration record

An overstay can tarnish an individual’s immigration record. Authorities consider this record when the person applies for future visas or seeks lawful permanent residency. This black mark might signal to immigration authorities that the person has a history of non-compliance with immigration regulations.

Adjustment of status

Overstaying a visa can also have an effect on an individual’s ability to change or adjust his or her immigration status. A history of overstaying can make it much harder to get a green card or seek citizenship.

Deportation

In some cases, authorities may place individuals who overstay their visas in deportation or removal proceedings. This is a legal process initiated by immigration authorities to determine removal from the country due to immigration violations.

Financial

Financial consequences can also arise from overstaying a visa. Authorities might impose fines and penalties.

Overstaying a visa can bring significant issues. Individuals should understand the terms of their visas and be vigilant about their expiration dates.