What Happens If I Overstay A US Tourist Visa?

Overstaying a US Tourist Visa can become a very serious matter quite quickly. It’s important to know the consequences of overstaying your US Tourist Visa – in 1996, US immigration laws were reformed and the consequences for overstaying a US visa became more severe than what they were prior to the reforms. US Visa Overstay

Some of the consequences for overstaying your US Tourist Visa include:

– Existing visa being voided
– You risk being barred from returning the US for between three years and ten years, depending on how long you’ve overstayed.
– You may be unable to extend your stay or change your status
– You may not be able to get a new visa unless you return to your country of nationality first.

Can You Become a US Resident If You Overstayed A Tourist Visa?

If you intend to become a US resident after you have overstayed a tourist visa, the process may be very difficult and you may not actually be able to do it for years, depending on the circumstances.

For example, if you overstay your tourist visa for under a year but longer than 180 days and leave before you are removed from the US, you cannot enter the US for three years.

If you overstay for longer than a year, you will be barred from reentering the United States for 10 years.

It’s advised not to overstay your tourist visa in the United States whenever possible, especially if you intend on ever becoming a permanent resident in the United States. If you know your tourist visa is going to expire and you can’t leave the United States, you need to apply for a Change of Status or an Extension of Stay – that way, if you do intend to become a permanent resident eventually the government will look upon your eventual application much more kindly and you will not be barred from reentering the United States.

Do you need help with your Tourist visa? Are you worried about overstaying your Tourist visa? Contact one of our immigration lawyers right away if your Tourist visa will be expiring soon – we may be able to help you.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.



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