Temporary visa overstay definition
A temporary visa overstay occurs when a non-US citizen remains in the country past the expiration date of their authorized stay.
A visa is a document issued by a US embassy or consulate that allows a foreign national to travel to the US for a specific purpose (such as tourism, study, or work) and for a limited period of time. A temporary visa overstay occurs when a non-US citizen remains in the country past the expiration date of their authorized stay.
The date a temporary visa overstay begins is determined by the date shown on the Form I-94 Arrival/Departure Record, not the expiration date printed on the visa in the passport.
Someone who overstays their visa is considered no longer in lawful immigration status, with a few exceptions.
Since 1997, nonimmigrant visa approvals have increased by 85%.
Nonimmigrant visa issuances, FY 1997–2024
What happens if a temporary visa expires?
If an authorized stay expires, a person begins accruing unlawful presence in the US, measured in days. This can lead to loss of immigration status, ineligibility to change or extend status, and possible removal (deportation). Overstaying a visa may also affect eligibility for future visas.
Children under the age of 18 do not accrue unlawful presence, nor do individuals with protection under the Family Unity program. There are also exceptions for spouses and children who petition for protection under the Violence Against Women Act, and for victims of human trafficking.
What is the penalty for overstaying a temporary visa?
Penalties for overstaying a temporary visa depend on how long you overstay:
- More than 180 days but less than one year: You may be barred from re-entering the U.S. for three years once you leave.
- One year or more: You may be barred from re-entering the US for 10 years.
In addition, overstays can result in visa cancellation, denial of future visa applications, and possible expedited removal.
Student and exchange visitors have the highest overstay rates.
Summary overstay rates for nonimmigrants admitted to the US, FY 2024
Can an overstay in the US be forgiven?
In some limited circumstances, a temporary visa overstay can be forgiven.
- Immediate relatives of US citizens (spouses, parents, minor children) who have accrued unlawful presence may apply for a provisional unlawful presence waiver. If granted, they can leave to attend a visa interview abroad, and still potentially return to the US.
- US Citizenship and Immigration Services (USCIS) may excuse certain short violations of status if they resulted from circumstances through no fault of the applicant (e.g., processing errors or natural disasters).
