Will I be penalized if I overstay a U.S. visa?
Will I be penalized if I overstay a U.S. visa? If you overstay a U.S. visa, you may be subject to various penalties, including, but not limited to:
- Not being able to come back to the U.S. for 3 to 10 years, depending on how long you overstayed.
- Restrictions from applying for an Extension of Stay, Change of Status, or Extension of Status.
- Visa will be automatically revoked or canceled.
- Barred from obtaining a new visa, except in your home country.
- Potentially barred from adjusting status in the U.S., even if you were otherwise eligible.
The penalty will depend on how long you overstayed. For example, if you overstay for 180 days or more, but less than one year, then you will be barred from coming back to the U.S. for three years once you depart the U.S. However, if you overstay for more than one year, you will be barred for ten years.
Further, if you stay in the U.S. for more than one year (even if it is not continuous, but rather in the aggregate), then try to enter without inspection, then you will be permanently banned from entering the U.S., potentially for life.
If you received a “final order of removal,” you must leave the U.S. within 90 days of receiving the order. If you do not, you may be subject to imprisonment or heavy fines.
If you have other questions like “Will I be penalized if I overstay a U.S. visa?” consider reaching out to a Texas immigration attorney at Jackson, Landrith & Kulesz for help.