We understand that unpredictable situations can occur and as a result, in some cases, you are unable to leave the country when you were supposed to and end up overstaying your visa. All visas expire and these expiration dates are indicated on your I-94 form.
Visa Overstay can occur if non-immigrants (temporary residents) living, working or studying temporarily in the United States stay longer than the expiration date indicated on their I-94 form.
Individuals who are immigrants as a result of being married to a US citizen or permanent resident and immigrants who are the son or daughter of a US citizen or permanent resident may be eligible for a specific waiver if they have overstayed their visa.
If you wait until your visa has expired to speak with immigration professionals at My Visa Source, certain options to re-enter the US may be unavailable to you and you could potentially be barred from re-entering the United States for a period of either three or ten years.
There will be consequences for anyone who overstays their visa.
Common Consequences of Overstaying Your US Visa are as Follows:
- Your visa will be voided
- You may be inadmissible to the US for a prescribed period of time- either three years or ten years
- You may be prohibited from applying for an Extension of Stay or Change of Status
- You are no longer allowed to apply at a consulate that is more convenient or closer to the US. If there is no consulate in your home country, you may be permitted to apply for your visa in another country
Visa Overstay Options
Waivers for Non-Immigrants (Temporary Residents)
Non-immigrants do not qualify for the waiver for the three or ten-year bar; however, they may qualify for a general waiver for inadmissibility as follows:
I-192 Waiver - Application for Advance Permission to Enter as a non-immigrant
The I-192 waiver is for inadmissible non-immigrants who need to apply for advance permission to enter the US on a temporary basis.
A non-immigrant is someone who is not a US citizen and enters the US for a limited period of time for a specific reason.
A non-immigrant may be considered inadmissible for various reasons, including health, financial, criminal, and security concerns.
Waivers for Immigrants (Permanent Residents)
Immigrants may qualify for a waiver, which could help with a visa overstay case to avoid the three or ten-year bar.
Immigrants who are married to a US citizen or permanent resident and immigrants who are the son or daughter of a US citizen or permanent resident may be eligible to apply for the I-601 Waiver - Application for Waiver of Grounds of Inadmissibility if want to enter the US permanently.
What is the Processing Time for a Waiver?
Processing times vary depending on several factors:
- The office or service center responsible for processing the file
- The type of immigrant or non-immigrant visa
- Visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Visa Overstay » Other FAQs (Frequently Asked Questions)
If you are determined inadmissible by immigration officials due to a previous visa overstay, you may be denied entry to the US.Entering the United States can be possible by obtaining a I-601 Waiver for Grounds of Inadmissibility.
You may be granted a green card even if you have overstayed your visa, it depends on your unique situation.
Yes, you can face deportation if you overstay your visa in the US.
Overstaying your visa is not a crime or a criminal offense. If you overstay your visa by 180 days or more, you will get a three-year bar and if you overstay by one year, you will get a ten-year bar.
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