You have a temporary U.S. visa and naturally, you are curious to know what would happen to you if you accidentally or intentionally overstayed your visa. If you stay past your expected departure date on your U.S. visa, you can face serious consequences as a result.

For example, if you overstay your U.S. visa: 1) you would not be able to apply for a new visa at a U.S. consulate located outside of your home country, and 2) you may be barred from returning to the U.S. states for several years depending on how long you overstayed your visa.

Exceptions for 'Unlawful Presence'

Immigrants do not accrue "unlawful presence," which bars an immigrant from reentering the U.S. for 3 or 10 years if the visa holder:

• Was a minor (under the age of 18),
• Had a valid asylum application pending with USCIS,
• Was a beneficiary under the family unity program,
• Had a pending application for a green card, a change of status or adjustment of status,
• Was a victim of domestic violence who came to the U.S. on a nonimmigrant visa and can show that they overstayed because of the abuse,
• Was a victim of human trafficking, or
• Received protection, such as Temporary Protected Status (TPS).

If the above exceptions do not apply to you and you overstayed your visa, your unlawful presence time is likely adding up, and it will be used against you.

There are penalties for overstaying a U.S. visa; if an immigrant accrues unlawful presence for 180 days, but under one year, and they leave the U.S. before removal proceedings are taken against them, they will be barred from the U.S. for 3 years.

If an immigrant is unlawfully present in the U.S. for 365 days, and leaves before they are deported or removed, they will be barred from reentering the U.S. for 10 years.

We are only scratching the surface on overstaying a visa. If you need more information, reach out to an immigration attorney in this directory for help.