Overstaying a US Visa

Overstaying a US Visa

Overstaying a visa in US is a serious violation of US immigration law. Always be sure to know the expiration date of your visa. You can check your I-94 departure card to see when you need to leave the US or request an extension of stay. Overstaying a visa must be avoided if possible or you may face severe consequences, such as:

  • being barred from returning to the US for 3 years or 10 years;
  • being prohibited from filing an application for change of status or extension of stay;
  • voiding you existing visa;
  • inability to obtain a new visa except from your home country; and
  • being restricted from filing for adjustment of status.

Delay in filing an application for extension of stay in the United States is not an excuse unless you are able to prove all of the following:

  1. That the delay in applying for an extension of stay was due to extraordinary circumstances beyond your control;
  2. That the length of the delay was reasonable;
  3. That you has not done anything else to violate your immigration status like working without authorization;
  4. That are still visiting the US temporarily as a non-immigrant; and
  5. That the applicant you are not in formal removal proceedings from the United States.

Make sure to apply for any extension of stay well before the expiration of your visa, stay in the United States only for the number of days allowed and leave before the expiration of the visa.


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Category: US Immigration

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Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, Hua Hin, Samui and Phuket along with international representative offices in Australia, London and Las Vegas.