Can I Overstay My Visit Visa in the USA

Mani Karthik

Entrepreneur. Mentor. Blogger

In my pursuit of getting better & smarter in life,
I share everything I learn, on this blog, so you can make use of it.

I was on surfing the internet a few days ago, when a news headline, “Of the more than 50 million foreigners that entered the US, over 700,000 foreigners overstayed their visas in 2016, close to the population of Seattle,” instantly grabbed my attention.  This was a DHS report published by Business Insider on May 22, 2017.

When I read further, it was mentioned that the US government is becoming increasingly stringent in identifying overstays for the sake of public safety, national security, immigration enforcement, and processing applications for immigration benefits.

I started to feel anxious about those who had been identified as overstaying their US visitor visa, especially when the US under the Trump presidency that is making every possible effort to restrict the entry of immigrants into the country.

So, I went ahead and researched, and trust me, what I found out was rather serious.

Also read: Best Travel Insurance for Students – Ultimate Guide

When Have You Overstayed Your Visa?

Every year, millions of foreign nationals enter the US for tourism.

To be able to enter the country as a tourist or to get medical treatment, one needs to apply for a tourist visa (B-2 visa) to seek permission for entry into US borders.

The B-2 visa can remain valid for as long as 10 years. But this is not the visitor’s authorized stay in the US. It is Form I-94 that governs a foreign national’s authorized stay in the United States.

The date for the authorized period of stay is issued by an officer of Customs Border Protection on the I-94 record on your entry into the US.

Foreign nationals are said to have overstayed their US visa if they remain in the country longer than the period of their authorized stay.

However, not all of them can be called guilty in this case, since many foreign nationals end up overstaying because they do not understand the difference between a visa and Form I-94.

Overstaying US Visit Visa: Consequences

Overstaying your visa can bring serious repercussions. It can even jeopardize a foreign national’s ability to return to the US in the future.

I have divided the impact of overstaying by the number of days a person has overstayed for more clarity.

Overstaying a US visa for less than 180 days

The US government will deport you for sure. Fortunately, however, you won’t be barred from re-entry into the US in this case.

However, the next time you seek permission to enter the country, the border officers will see you as someone who had overstayed their visa the last time.

If you are visiting America for a few days, there will be no problem.

However, if the length of the trip is more, maybe a couple of months, you’ll have a hard time getting their permission.

Also read: Best Travel Insurance for US Visitors

Overstaying US visa for 180 days

In case you have overstayed your visa for 6 months or more, but have not completed a year, stay prepared to be deported as well as barred from re-entering the US for the next 3 years.

Overstaying the visa for 1 year or more:

If you overstay your visitor visa for more than a year, the US government will bar you from re-entering the US borders for the next 10 years, after deporting you first.

So, whenever you visit USA, be very careful about the period of authorized stay and make sure you leave before that period expires so that you can come back again, without any hassles.

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