We understand that sometimes situations occur and you are unable to leave the country when you should and you end up overstaying your visa. All visas expire and these expiration dates are indicated on your I-94 form.
Individuals who are immigrants as a result of being married to a US citizen or permanent resident or immigrants who are the son or daughter of a US citizen or permanent resident and who have overstayed their visa may be eligible for a specific waiver.
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 be barred from re-entering the United States for a period of either three years or ten years.
There will be consequences for the individual who overstays his or her 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 time period of 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, non-immigrants 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 time period for a specific reason.
A non-immigrant may be considered inadmissible for various reasons, including health, financial, criminal, and security considerations.
Waivers for Immigrants (Permanent Residents)
Immigrants may qualify for a waiver, which could help with a visa overstay case and help you avoid the three or ten-year bar.
Immigrants who are married to a US citizen or permanent resident or are the son or daughter of a US citizen or permanent resident and want to enter the US permanently may be eligible to apply for the I-601 Waiver - Application for Waiver of Grounds of Inadmissibility.
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)
Why would I be refused entry to the US?
If you are determined inadmissible by immigration officials due to a previous visa overstay, you may be denied entry to the US.
It can be possible to enter the United States by obtaining a I-601 Waiver for Grounds of Inadmissibility.
Can I get a green card if I overstayed my visa?
You may be granted a green card even if you have overstayed your visa, it depends on your unique situation.
Can I be deported if I overstay my visa?
Yes, you can face deportation if you overstay your visa in the US.
Is overstaying your visa a crime?
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.
Why Contact My Visa Source for Assistance with Your Visa Overstay?
Congratulations on taking your first step toward re-entering the United States.
The more research you do on the immigration process, the more you will learn about your specific situation and how we can help you navigate through the waiver process.
Immigration lawyers at My Visa Source dedicate themselves to your immigration case, providing legal representation tailored to your personal situation.
Our expertise focuses on immigration and visa programs for the United States and Canada, including global immigration.
Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.
Begin Your Application for a Waiver Today!
Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987.
We have a dedicated team of licensed professionals standing by, ready to answer your immigration and visa questions.
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.
Book a personal consultation to speak with an award-winning immigration lawyer over the phone or on Skype.