If I Am an Overstay With an Approved Visa Will I Be Deported?

If you are an overstay living in the United States, this immigration status will void your current Visa and makes you eligible for deportation. Other serious consequences may result from your overstay status as well.

Law

• Due to several immigration reforms passed in 1996, foreign nationals who were otherwise eligible for benefits such as a work, authorized non-immigrant visa or employment based immigrant visa, are denied these opportunities due to their status as an overstay.

Consquences

• Besides the voiding of their current visa, overstays face several other consequences such as: being barred from entry into the United States for three to 10 years, restrictions on their change of status and inability to obtain a new visa.

Prevention

• The best way to avoid the consequences of overstaying your time in the United States is to leave the U.S. before the expiration of your authorized period of stay. Also, maintaining a properly stamped passport and documenting your departure are good ideas as well. You may be granted leniency if you are an overstay due to circumstances beyond your control.