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What Will Happen if You Overstay in the USA? Consequences of Overstaying with your US Visa

By Kach Umandap March 10th, 2022 Posted in Guide for Filipinos, Travel Blog, VISA Application Guides No comments

Do you want to know what will happen to you in case you will overstay in the USA? Well, read the article, and you will know the consequences if you have stayed in the US for more than the authorized period. The penalties of doing so are big and could not only affect your US Visa application in the future but also to other countries, too.

What Will Happen if You Overstay in USA
Nik Shuliahin

Always follow immigration rules and be mindful of your stay. Overstaying will not be fun, especially if authorities and cases will be involved. Read the consequences below and how to avoid them as well.

1. Refused Admission (On Your Next Visit)

Should you have overstayed in the USA, you could be refused admission on your next visit. Border officers may not allow your entry to the US if you are found out to have lapsed during your last visit. However, some of the officers might “forgive” you if lapses are only a day or two, but it’s better to be safe than sorry, so avoid doing that.

For overstays in the USA for 180 days or more, you will be barred from entering the country again for three years. The count will start from the departure date.

Should the overstay in the USA be 365 days or one year or more, you will be barred from entry for ten years.

2. No Extension of Stay or Change of Status

If your stay is almost over and you are planning to extend it, you should process it in ample time. If you don’t, then your stay may not get extended.

Should you be applying from a nonimmigrant or a tourist to another, you may be barred from the changes if you have overstayed in the US. You should be mindful of the process times and the expiration of your stay.

3. Void Visa

Goodbye, 10-year Multiple Entry Visa! If you qualified for that visa, but you happen to overstay in the US and got found out, your visa will be voided. You can’t use it anymore and might as well go back to your country of origin.

4. Visa Denial (Future Application)

Should you apply for another US Visa, having an overstay in the US in your records may get you rejected. Some countries might reject you if you have declared you have a history of overstaying in the US. The immigration doesn’t want to approve visas to most people who overstayed since they might do it again.

However, there are still chances you get to have an approved Visa. You should answer the question honestly in the DS-160 form and explain as to why you overstayed. Lying may result in getting denied and may be banned!

5. Deportation

If you have overstayed your US Visa and lived illegally in the US, you may be deported if officers caught you. There are many cases of Filipinos and other nationalities who are TNT (Tago-Ng-Tago) in the US who get deported back to their home country.

What Will Happen if You Overstay in USA
David Everett Strickler

How to Avoid Your Overstay in the USA

Check your I-94

If you are a Tourist or a nonimmigrant, you can check the validity of your stay through I-94. You can get it online or when you arrive in the US.

STEPS in Getting an I94

STEP 1: Go to this website.

STEP 2: Find “How Much Longer May I Remain in the US?” and click “View Compliance.”

What Will Happen if You Overstay in USA

STEP 3: Enter your Traveler Info.

What Will Happen if You Overstay in USA

STEP 4: You’ll have your I-94 form and know when your last day of validity is.

How to Get Your US Travel History Online (Arrivals and Departures)

STEP 5: Put an alarm on your phone a day or two before your stay to remind you that you have a day left.

Keep your Documents

You can keep your documents like a boarding pass or tickets to check when have you arrived and departed in the US should you be not tech-savvy.

Research Ahead and Process Immediately

Should you want to change your status in the US or extend your stay, you need to research ahead of the processing times and requirements. This will give you ample time to process your change or extensions and that it may not result in a visa overstay.

Visa Overstays Amidst the Pandemic

It was advised that people go to their home countries amidst the Pandemic. However, those nonimmigrants that unexpectedly remain in the US beyond authorized stay should do the Apply for an Extension or a change of status in the US Citizenship and Immigration Services. In essence, you can find the forms and file online. If the application is late, USCIS may excuse failure due to circumstances beyond their control. The petitioner, however, needs to submit evidence to support their request.

What Will Happen if You Overstay in USA
Ameer Basheer

I hope the consequences will warn you not to overstay in the USA. It will surely be a bad record, especially if you want to travel the world. Avoid it and always follow the immigration rules of the country you are visiting to have more opportunities to travel!

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Written by Kach Umandap

Founder of Two Monkeys Travel Group. Since 2013, Kach has visited all the 7 continents (including Antarctica) and 151 countries using her Philippines Passport. In 2016, she bought a sailboat and went on sailing adventures with her two cats - Captain Ahab & Little Zissou in the Caribbean for 2 years. She now lives in Herceg Novi, Montenegro where she's enjoying her expat life and living on a gorgeous Stonehouse. She writes about her experiences traveling as a Filipina traveler with a PHL Passport. Also tips on backpacking trips, luxury hotel experiences, product reviews, sailing & adventure travel.