What Happens if You Overstay Your Visa in the U.S.?

July 23, 2025

What Happens if You Overstay Your Visa in the U.S.?

Overstaying your visa in the United States can lead to serious legal consequences. Whether you’re here for tourism, work, or study, staying past the expiration date of your visa can impact your ability to remain in or return to the U.S. in the future. At AGH Law, we help individuals and families navigate immigration challenges, including visa overstays, and find legal options that protect their rights.


Consequences of Overstaying a Visa


The U.S. immigration system classifies visa overstays as “unlawful presence.” The consequences depend on how long you remain in the country after your visa has expired:


  • Unlawful Presence of 180 Days to 1 Year: You may be barred from reentering the U.S. for 3 years.
  • Unlawful Presence of Over 1 Year: You may face a 10-year bar from reentry.
  • Removal Proceedings: You may be placed in removal (deportation) proceedings if caught during or after your overstay.
  • Ineligibility for Adjustment of Status: Overstaying your visa can make you ineligible for a green card or other immigration benefits.
  • Impact on Future Visas: Future visa applications may be denied due to your overstay history.


Are There Any Exceptions?


Some individuals may qualify for waivers, asylum, family-based petitions, or other forms of relief. The specific circumstances of your case—such as whether you entered legally, your family ties in the U.S., or the presence of fear of persecution in your home country—can all affect your options.


What to Do If You’ve Overstayed


If you have overstayed your visa, it’s important not to panic—but you should act quickly. An immigration attorney can help you assess your situation and take the next best step, whether that involves applying for relief, filing a waiver, or defending against removal.


At AGH Law, we work with immigrants across the United States to identify solutions that are tailored to their circumstances. Whether you're facing an overstay, considering adjustment of status, or dealing with immigration enforcement, we can help.

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