Foreign nationals apply for visas because they want to come to the United States as tourists, students, investors, or for a number of other reasons. Every non-immigrant visa and immigrant visa has an expiration date. A foreign national is expected to leave the United States on their own before the expiration date printed on their visa. If they stay in the United States past the expiration date, this is called a “visa overstay.”

When a foreign national overstays their visa, they can no longer legally remain in the country. If you overstay your visa, the United States Citizenship and Immigration Services can ban you from coming back to the United States for a period of between 3 to 10 years. It all depends on how many days, weeks, months, or years you overstayed your visa.

• If you overstayed for 6 to 12 months, you will be banned from coming back to the United States for three years.
• If you overstayed for 12 months or more, you will be banned for ten years.
• If you illegally reenter the United States without a visa or any other official permission, you will be banned from the United States for life.

Visa overstays are serious immigration violations. However, you may receive leniency on your visa overstay violation if you apply for an immigration waiver. It’s not always easy to be approved for the waiver because of all the variables involved. That’s why you should consult with a licensed professional immigration attorney who can guide you through the immigration waiver application process.

The sooner you receive legal help with your expired visa, the better chance you’ll have of being able to stay in the country without getting banned.