Immigration Law for Overstayers in the United States

Immigration Law for Overstayers in the United States


Overstaying in someone’s mother country may be fearsomewhen first heard. However, the consequences can be simply explained in a less threatening manner. When a tourist, an employee, or a mere individual overstay their visas (and for other purposes), they are most likely to be named alien.


Non-citizens who failed to leave the U.S. by their corresponding exit date can face the consequence of visa cancellation which alienates them in the States and face penalties regarding immigration. To walk you through its process as direct and simple as possible, here’s what you should know to avoid being alienated in U.S.A.


Legal Time Frame of Stay

A non-citizen, upon filing their Form I-9 during entry or recruitment, has a required time to stay within the United States; this is frequently due to foreign labor or as a foreign student.


Extension of the time frame shown in the Form I-9 indicates that the applicant or the individual is already overstaying. This date is different from the one shown in a visa – the expiration date included in the visa simply means how long the individual can use it to enter in the United States and not how long they can stay in.


Immediate Visa Repeal

By definition of “immediate”, visa cancellation is as quick as a snap of a finger. This means when an individual stayed one-day past his legal departure date and was not able to file a change or extension of status before the permitted date – the visa will still be revoked.


What Happens Now?

When this happens, the overstayer would not be granted any waiver or forgiveness. However, if the individual filed for a change or extension of status before the date of departure and had been eventually granted, all the days past the legal date of stay will not be put against the migrant. In some unfortunate events, the request was denied – all past dates of overstaying will be counted.


This is why it is best to be mindful of the migrant’s date of stay tofully prepare at least a month or earlier in filing an extension.


The Duration Effect

The time frame of overstay actually affects the consequences or penalty the individual has to face. Although both situations will affect the individual’s visa history, it would be best to know what might eventually happen between the two.


Less Than 180

In the United States, less than 180 days (or < 6 months) would not make the immigrant inadmissible in the future. This indicates that the person may be granted another visa or a lawful permanent residence through a Green Card.


However, if the visa application is only for a temporary stay and it usually requires an approval by a U.S Official that he or she will leave the U.S. when the legal date of stay is ineffective. This maybe a difficult appeal to hold onto since the officer may be aware or alerted about the previous overstaying.


More Than 180

When one has illegally stayed in the United States more than 180 days but is less than 365 days, and was able to leave the country before any official deportation had happened, the immigrant will be banned from returning to the United States for three years.


If the case would be overstaying of more than 365 days, also without any formal deportation or process from the State officials, the individual will be banned for ten years from returning to the United States.




This then concludes that overstaying in the United States, whether a day or a year, is not much of an option to begin with. U.S.A holds a strict Immigration Law to avoid feud between the civilian’s mother country and at the same time, prevent possible foreign conflicts within the country. This only proves that coming to a foreign country involves more than just fun but also accountability. To know more, get in touch with an immigration attorney in Houston today.