Overstaying a visa is a bad idea for many reasons. Not only could you face immediate consequences, but your actions could also end up jeopardizing your chances of returning to the United States in the future. Our Fairfax County student visa lawyers can tell you more about the potential penalties you can face for overstaying.
Will I Be Removed After Overstaying a Visa?
Yes, you can be removed if it’s found out that you are overstaying a visa. If you are in any kind of situation where your immigration status could be checked, the fact that you stayed longer than you should have will be obvious to any authorities. Deportation and removal proceedings can begin right away.
Can Overstaying Prevent Me From Re-Entering the United States Later?
Yes. This is probably the most significant penalty for anyone who ends up overstaying their visa. Once your visa has expired and you continue to stay in the United States, the days of overstaying begin to accumulate.
Stay for 180 days to one year more than allowed and you can expect to receive a three-year re-entry ban. Overstay your visa for more than one year and that ban is extended to ten years. A permanent ban can even be issued in some cases.
Are There Other Consequences?
When someone ends up overstaying their visa, they can face consequences other than a re-entry ban. It’s also possible to:
- Lose any previous immigration benefits, like employment authorization
- Make it more difficult to change your immigration status, i.e. obtaining a green card or a different type of visa
- Make it less likely that any future immigration applications will be accepted
Can an Overstay Be Forgiven?
In some cases, yes, but you are better off asking for forgiveness before actually overstaying your visa. You are unlikely to be successful if you are asking after you have already stayed too long and it can be difficult to clear such a thing from your record.
There are a few good reasons to overstay a visa. You may be able to stay for longer if you can show that:
- You are under 18 years of age
- Your spouse has abused you and you have made a claim under the Violence Against Women Act
- You are benefiting from the Family Unity program
- An application for asylum has been made
- You are a victim of human trafficking
If you think that you will end up overstaying your visa or you have already stayed too long, your best bet is to talk to an immigration lawyer about your options.
Talk to an Immigration Lawyer
If you have any questions about your visa or you believe that you have a good reason for overstaying, you should talk to an immigration lawyer. Contact Goel & Anderson to schedule a consultation with our team today.
