What Happens if I Overstay My Visa?

Understandably so, you might not want your stay in the United States to come to a close. However, you must not overstay your welcome in this country, as an unauthorized stay may lead to serious legal trouble. Continue reading to learn how long you are supposed to stay in the United States and how an experienced adjustment of status – immigration attorney in WI, at Sesini Law Group, S.C., can help if you accidentally overstay your visa.

How long I am allowed to stay in the United States?

First of all, if you are concerned about your allowed stay in the United States, you are likely to hold a B-1 or B-2 tourist visa. In this case, your authorized period of stay may be issued to you by a Customs Border Protection Officer upon your entry into the country. More specifically, this period may be disclosed on Form I-94, Department of Homeland Security Arrival/Departure Record, which may be attached to your non-immigrant visitor’s passport. Generally speaking, you may be allotted a 180-day stay with this visa type.

On the other hand, say that you do not hold any visa type but you are simply visiting the United States for either business or tourism purposes. Well, you may still legally stay in the country, but it is limited to 90 days. This opportunity is made possible due to the country’s Visa Waiver Program.

What are the consequences if I overstay my visa?

It may be wise of you to use your authorized period of stay to work on your Change of Status or Extension of Stay application. In other words, you cannot only start working on this application when your time in the United States is close to expired and risk overstaying your visa. Rest assured, you may be granted permission to remain in the country past your authorized stay so long as your Change of Status or Extension of Stay application is pending.

Ultimately, if you stay for longer than your 180-day deadline with no pending application, you may be up against serious legal consequences. Examples are as follows:

  • Your current visa may be automatically revoked or canceled without a chance of obtaining a new one.
  • You may not have a chance to apply for a Change of Status or Extension of Stay indefinitely.
  • You may be removed from the United States without any chance of returning for three to 10 years.
  • You may become ineligible to receive a visa anywhere besides your country of nationality.

So when it comes to your Change of Status or Extension of Stay application, there is no question that a skilled Wisconsin adjustment of status immigration attorney is the best fit for you. Please contact Sesini Law Group, S.C. at your earliest possible convenience.

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