Block on Trump's Asylum Ban Upheld by Supreme Court
You got a visa so that you could enter the United States lawfully and return without trouble. But now the clock is ticking and your visa is about to expire, and you're wondering what happens if you stay here anyway.
The consequences of overstaying a visa can be very severe or quite minimal, depending on your circumstances. Of course, your best bet is to try to extend a visa before it expires, and you do have that option, generally speaking. Let's see what else you can do.
The result of staying in the U.S. beyond the time allotted by your visa is a bar on reentry. It may be for a few years or a decade or, in some cases, you may never be allowed to return to the U.S., depending on the extent of your overstay. Foreign nationals unlawfully in the U.S. for 180 days to a year cannot come back for three years, while a longer overstay can result in a 10-year bar. How long you overstay a visa will determine the severity of the government's response. The punishment, reasonably enough, is that you can't get another visa.
Time Stops for Some
Time stops for no one, but it does toll in the law occasionally. Tolling indicates that the clock stops in the context of a case with time limitations. People who overstay their visas may stop the clock -- meaning they will not be penalized legally -- in certain situations. The following will toll time on an overstay if a foreign national:
Some of these exceptions apply to extreme situations while others are quite common. If you are in immigration proceedings of another kind, for example, time may toll during the pendency and your overstay will not be counted against you while waiting to adjust your status.
Consult With Counsel
If you are concerned about immigration issues, speak to a lawyer. Many immigration attorneys consult for free or a minimal fee and will be happy to discuss your options.