Overstaying a United States visa, meaning you have remained in the United States even though your visa has expired, is a very serious matter. However, it happens more often than you’d think – even to Canadians – for a variety of reasons. If you overstay your visa in the United states you could face a number of serious consequences. However, you could avoid or overcome these consequences if you choose to act as quickly as possible.
What happens if I overstay my United States visa?
Several things can happen to you if you overstay your United States visa, even if you are a Canadian citizen. The severity of the consequence generally depends on how long you have overstayed your visa.
For example, someone who has overstayed their visa in the United States could face a bar from the United States for three years or for 10 years, but the longer you overstay your visa the more likely you could face a 10-year bar.
People who are in the United States on certain types of visas can sometimes apply to extend their stay in the United States or change their status, but having overstayed your visa can both void you existing visa and also prevent you from changing your status, extending your stay or applying for an adjustment of status.
In addition, it may only be possible for you to obtain another visa once you have left the United States and returned to your country of origin.
But what can you do if you overstay your visa to avoid these harsh penalties? You can contact a licensed immigration lawyer to discuss the possibility of your obtaining a United States waiver for overstaying your visa.
United States waiver applications are quite difficult, but with the right help on your side you can set yourself up for the best chance of a successful application.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
