Getting a United States Waiver of Overstay

Do you plan on overstaying a United States visa? While very risky, sometimes things like this can be unavoidable. It should never be your intention to enter the United States with the intention of overstaying your visa – however, sometimes things happen and you cannot leave the United States before your visa expires. US overstay

Consequences of US Overstay

The consequences for overstaying your United States visa can be severe. For example, they include:

1. Overstays may be barred from returning to the US for ten years or three years depending on the period of overstay
2. Overstays may be further restricted from Extension of Stay or Change of Status
3. Overstaying will void your existing visa
4. Overstays generally are unable to obtain a new visa except in their country of nationality
5. Overstays may not be able to Adjust Status in the U.S.

Which penalty you could be facing depends on a number of factors, such as how long you’ve overstayed your visa.

This is why is is especially important that you take action before your United States visa expires.

Extending your United States visa

Before your United States visa expires, you could apply for a Change or Adjustment of Status or an Extension of Stay. If you were to apply for one of these, you will be considered to have been maintaining your visa even after it expires while these applications are being processed.

Is overstaying your current United States visa completely unavoidable? Have you run out of options and already overstayed your United States visa? Applying for an Extension of Stay or a Change/Adjustment of Status can be very complicated! Contact a licensed immigration attorney immediately. We’ve handled many cases just like yours, and would be happy to help.

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.



Subscribe to our e-mail newsletter to receive updates.