Staying in the United States longer than you are allowed is never advisable. When you enter the U.S. with a valid visa, the immigration officer at the point of entry issues a period of authorized stay which can be shorter than the validity period of the visa.
“Remaining in the country beyond your authorized period can make you deportable,” explains lawyer Hasan Shafiqullah, an immigration expert from the Civil Law Reform Unit at the Legal Aid Society. Overstaying your visa can also have other serious consequences.
Remaining in the U.S. beyond your period of authorized stay leads to unlawful presence, which can impact your ability to return in the future. If you apply for a new visa, immigration officials may deny reentry based on the duration of your overstay. The longer you remain unlawfully, the more severe the consequences, including potential bars on returning to the U.S.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. This story was last updated March 14, 2025.
The severity of these consequences depends on individual circumstances and the type of visa held. For instance, under a tourist visa, if you overstay and fail to apply for an extension before your period of authorized stay expires, you may not be permitted to return to the U.S. once you leave. The penalties can vary based on the duration of the overstay:
- If you remain in unlawful presence for over 180 days but less than one year, you may face a mandatory three-year bar to reentering the U.S.
- If you overstay for one year or more, you may be subject to a mandatory ten-year bar to reentry.
- If you remain in the U.S. for less than 180 days past the expiration of your period of authorized stay, you are not subject to a mandatory 3-year bar to re-entry, however, admission to the U.S. is at the discretion of the immigration officer at the port-of-entry, so you could still be denied admission based on past overstay. .
The best course of action is to apply for an extension of stay as soon as possible if you wish to remain in the U.S. past your period of authorized stay. Most tourist and business visa holders can request an extension by filing Form I-539, Application to Extend/Change Nonimmigrant Status. When submitting your request, you must provide a clear reason for the extension and details about your plans to leave the U.S. and return to your home country.
Also Read: How to Find Your Form I-94 Arrival/Departure Record for U.S. Visitors
If you anticipate remaining in the U.S. past your period of authorized stay, submit your extension request before your authorized stay expires. This was a common issue during the pandemic when many travelers could not leave due to flight restrictions.
To avoid complications, always keep records of any circumstances that prevented your timely departure, such as flight cancellations or border closures. Additionally, seeking advice from a qualified legal professional is always recommended to understand your options and potential consequences fully.
What if I’m under the Visa Waiver Program (VWP)?
Individuals travelling to the U.S. under the Visa Waiver Program are subject to the same restrictions as anyone seeking entry under a visitor visa. This includes penalties for remaining in the U.S. beyond the 90-day maximum period of authorized stay. In addition, under the VWP, extensions of stay are not permitted.
Those who entered through the VWP and overstayed their permitted time are waiving their right to challenge deportation, explained Jodi Ziesmer, the New York Legal Assistance Group‘s Immigrant Protection Unit Director.
“So, if they have overstayed the time limit given upon entry to the United States or violated their visa terms by working or otherwise engaging in prohibited activity, they have waived their right to defend themselves from deportation. They can be deported without a lot of process”, she said.
I have already overstayed for more than one year. Are there any options to fix my situation?
While remaining in the U.S. beyond your period of authorized stay may have serious consequences for your ability to stay in or be re-admitted to the U.S., there are some avenues for relief.
For example, individuals who obtain sponsorship from an employer may gain lawful status that way, and those who have a U.S. citizen spouse or child may be able to seek permanent residence through a family petition.
Those who are unable to return to their country due to fear of persecution on the basis of race, religion, nationality, political opinion or membership in a particular social group may be able to seek asylum only if they apply within one year of entering the U.S. There are some exceptions to the one-year deadline.
Others who are the victims of crime, human trafficking, or domestic violence may be eligible for other forms of relief. And those who have been residing in the US for more than 10 years and have a qualifying lawful permanent resident or U.S. citizen relative who would suffer extreme hardship if they were deported may also be eligible for relief from removal. The process of determining if you are eligible for any of these forms of relief is complex, as is the application process.
Therefore, it is important to talk to a qualified immigration legal service provider (a licensed attorney or Department of Justice-accredited representative) as soon as possible to understand your options.
