Obtaining a visa to enter the United States for work or study is a fantastic opportunity, but all visas come with an expiration date that requires you to leave the country. Your visa expiration date signifies the last day you are lawfully allowed to reside in the country, barring extraordinary circumstances. If you have overstayed your visa and are worried about the penalties or are in a situation that might prevent you from leaving the country, you should get in contact with an immigration attorney as soon as possible to discuss your options.
Overstaying Your Visa – Penalties You Can Incur
Every visa you accept comes with a promise that you will abide by the rules and restrictions, such as your ability to find employment and how long you can remain in the country. By overstaying your visa, you open yourself up to possible penalties that can make your future prospects of permanent residence unlikely. The expiration date on your visa may differ from the amount of time specified on the visa. For example, you may legally be allowed in the country for a period of 6 months with a visa expiration date of three years in the future. In this case, you must leave the country six months after your admission to the country, regardless of the date of expiration.
The most common punishment for overstaying your visa is a ban on reentry that the government will place on you. If you overstay your visa and remain in the US for under a year past your visa expiration date, you will be banned from legally reentering the country for three years. If you overstay the expiration date for more than a year, this ban is increased to 10 years.
Overstaying your visa also voids the visa and prevents you from applying for a new one until you return to your home country, complicating the process of returning to the US legally. In general, people who are in the process of applying for asylum or other related protected statuses may stay in the country without accruing days of unlawful presence.
Obtaining a Visa Waiver
Obtaining a visa overstay forgiveness waiver will allow you to avoid the ban on reentry, whether it be three years, ten years, or permanent (if you have a history of overstaying visas on multiple visits to the country.)
Family members of US citizens can acquire a waiver if they are able to prove that their presence in the country is essential and mandatory in order to prevent extreme hardship to that US citizen. Examples include:
- A sharp decline in the financial stability and quality of life of the US citizen due to the visa holder leaving the country.
- The US citizen family member needs medical care and assistance the visa holder provides.
- The family member loses significant educational or training opportunities.
Minors present unlawfully in the United States may have other avenues through which they can obtain a waiver and remain in the country lawfully.
If you are worried about the ramifications of overstaying your visa and are unsure of the process to obtain a waiver, you need to receive legal advice and assistance from a local immigration attorney. By calling a local Sarasota immigration attorney, you can rest easy knowing all of your options are being explored to keep you within the bounds of the law and inside the country.
Probinsky & Cole are passionate about our work in the area of immigration. We are here to help you in your quest for a permanent resident or citizenship status, to help you file the right papers at the right times, and to understand your rights.
