Whenever foreign-born people enter the United States on a visa (or using the Visa Waiver Program, also called ESTA), they are given a date by which they must leave. For some visitors, such as tourists and seasonal workers, the required departure date might be a few months away. For others, such as students or H-1B or other temporary workers, it could be several years away. If your departure day passes and you've overstayed that permitted time, you're in the United States unlawfully.
There's not much difference under U.S. immigration law between someone who enters the country unlawfully without a visa and someone who stays past the time permitted under their visa. When you overstay, you become what's called "out of status." If U.S. immigration officials catch up with you, will will likely be removed (deported), and face further consequences.
This article will help you understand when your permitted stay in the United States expires and the consequences of being in the United States without immigration status.
U.S. Immigration Officials Decide How Long You Can Stay on Each Trip
Your visa is merely an entry document; it doesn't state how long you can stay in the United States. Technically speaking, a visa allows you only to travel from your own country to a port of entry in the United States.
When you arrive at the port of entry, a Customs and Border Protection (CBP) officer decides whether to allow you to come into the country and if so, how long you can stay. It's possible that the officer could turn you away. The officer makes the final decision and records it in a database.
Your "Out-of-Status" Date Is Shown on Your I-94 (Not Visa)
Upon allowing you to enter the United States, the CBP officer will either give you a second card to keep with your visa, called a Form I-94, or more likely will simply enter the relevant information into a computer database. In either case, you must pay an I-94 fee.
Your Form I-94 is what actually determines how long you can legally stay in the country. The date on your entry visa (which could be several years away) tells you only how long you can use the visa to arrive in the United States and request entry.
If you didn't receive a physical I-94 card, you must download and print out the needed information, including your out-of-status date, from the Arrival/Departure Forms: I-94 and I-94W page of the CBP website. Check that the information on it is correct, and take careful not of the expiration date it contains. Then keep it with you, as proof of your lawful status in the United States.
If you came to the U.S. on an F-1 student visa, your I-94 will not have an actual date, but will say "D/S" for duration of status. That means that you are allowed to stay in the United States for as long as it takes you to complete your studies (assuming that you maintain a full-time course load and otherwise comply with the terms of your status during that time). You're also allowed a 60-day "grace period" after your studies are done, to enjoy some vacation or get ready to leave.
Consequences of Overstaying Your Permitted Time in the United States
If you stay past the date on your Form I-94, or past the end of your studies or practical training on an F-1, you're in the country illegally (assuming you don't first apply for an extension or renewal, as described next). An overstay carries serious consequences, as follows:
- Your visa is automatically cancelled. Even if it was a multiple entry visa, you cannot use it to enter the United States again.
- Your overstaying is also likely to prevent you from getting another visa to the United States in the future.
- You're accruing what is known, in legal terms, as "unlawful presence" in the United States. A total of 180 days or more of unlawful presence makes you "inadmissible" to the United States. That means that you will not be granted a visa, green card (lawful permanent residence), or other immigration benefit for a period of either 3 or 10 years, depending on how long you overstayed. An unlawful-presence overstay of between 180 and 365 days results in a 3-year bar on reentry; an overstay of over 365 days results in a 10-year bar on reentry. You might, under certain circumstances (usually if you have close family in the United States who would experience extreme hardship were you denied the visa or green card for which you're applying) seek a waiver of this ground of inadmissibility.
- If your overstay was for 5 days or longer, you will not be eligible for reimbursement of the "Visa Integrity Fee" that was required under the "One Big Beautiful Bill Act" (OBBBA) for all visa applications starting in mid-2025. (See 8 U.S.C. Section 1806.) This began at $250 and can be raised for inflation.
- If you paid a visa bond (normally between $5,000 and $15,000), because you came from one of the identified countries with high overstay rates and such, you will forfeit, in other words lose, that money.
- You could be picked up by Immigration and Customs Enforcement (ICE) and ultimately be deported.
Taking Action Before You Overstay in the United States
If you find out you're not going to be able to leave the United States by the appropriate date take on your Form I-94, there are possible steps you can take. You can potentially submit a request to U.S. Citizenship and Immigration Services asking for an extension of your current immigration status. Once that request is in (assuming your departure deadline hasn't already passed), you are allowed to stay until receiving USCIS's decision.
Such a request is, in most cases (such as B-2 visas for visitors for pleasure), done using USCIS Form I-539. However, the exact requirements and procedures vary depending on what type of visa you have. If, for example, you are on a work visa, then your U.S. employer will need to be part of requesting the extension.
If the extension is denied by USCIS, you must leave the United States right away. But it typically takes USCIS months to make any decision at all, and you are allowed to stay while you wait.
What to Do If You Have Already Overstayed Your Permitted Time in the United States
If the date noted on your Form I-94 has already gone by, you'd be wise to speak to an attorney as soon as possible. The more quickly you act, the more options you might have. Or, you might have developed a separate basis on which to apply for an adjustment or change of status in the United States; in other words, to get a green card or go from, say, tourist to student status.
In most cases, however, the answer will be that you should leave the U.S. as soon as possible; particularly if you're about to hit the six-month or one-year unlawful presence mark (described above). The cleaner you can keep your immigration record in the United States, the better your chance for a return visit or permanent residence.
Questions for Your Immigration Lawyer
- Are extensions of my type of visa allowed? Under what circumstances?
- I overstayed a visa and married a U.S. citizen. Can I successfully apply for a green card?
- I've been called to immigration court because of being in the United States unlawfully after an overstay. How should I handle this?
- I've already gotten one visa extension from USCIS. Can I get another?