Penalties for Overstaying a Visa


Whether you are present in the Untied States on a visa in order to work, go to school, or visit family, the temptation to simply overstay your visa and take your chances may be great. However, the potential ramifications of overstaying your visa can be extremely severe, so you need to be aware of those ramifications before you decide to overstay. Once you have overstayed your visa by 180 days, you become subject to certain penalties.

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Passports, American flag and visa application form on table. Immigration to USA

The length of time that you overstay your visa directly affects the penalties that you may face. For example, if you overstay your visa between 180 days and one year, you will be prohibited from returning to the U.S. for three years. If you overstay your visa by more than one year, the U.S. government may ban you from returning to the U.S. for ten years. This can be a devastating consequence if you have family in the U.S. or intended to return to the U.S. to work or complete a course of study.

Furthermore, if you become subject to an order of deportation as a result of your visa overstay, and you still do not leave the country, you could not only face fines and prison time, but you also could be permanently banned from reentering the U.S.

There are some ways that you potentially can avoid this situation. If you want to remain in the U.S. for longer than your visa permits, you may be able to apply for an extension of your existing visa or apply for a change of status. However, you should do so well in advance of the expiration of your visa, as processing times for these applications can vary.

Whatever your situation may be, you will need skilled legal assistance to fight for your rights and work toward a resolution of your immigration law case. The Texas immigration attorneys of Peek Law Group know how to help you navigate through the maze USCIS forms, regulations, and policies, and get the relief that you need. Take the first step today and secure the future of your family in the U.S. Contact our office today at and set up an evaluation with one of our highly skilled Texas immigration lawyers.

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