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My Visa Just Expired - Now What?

close up of a stack of papers including a passport and visa application

When an immigrant overlooks their length of stay or has other extenuating circumstances, they may not realize that they had not renewed their visa before the expiration date. In the United States, this is often referred to as “overstaying” your visa and may come with certain consequences. Here's what you need to know.

What Should I Do If My Visa Expires?

The first and most important thing you should do is leave the United States. If you overstay your visa by more than 180 days, you will be barred from being in the country. The length of time will vary depending on how long you were unlawfully present, but if less than one year, it is typically a three-year bar. If you overstay your visa by one year or more, you will be barred from returning for ten years.

However, there are some exceptions to this rule and you may be eligible for a waiver depending on the circumstances.

What Happens If I Overstay My Visa?

In addition to being barred from returning to the United States, if you are caught by Immigration and Customs Enforcement (ICE), you will be placed in removal proceedings where you will have to appear before an immigration judge. Removal proceedings can be complicated, so you should consult with an immigration attorney to ensure that you understand the process and your rights.

If you are placed in removal proceedings but are eligible for some form of relief from removal, such as asylum or a waiver, you may be able to remain in the United States. However, if you are not eligible for any form of relief or do not apply for relief, you will be ordered for removal from the United States. Once you are ordered to be removed, you will either be deported or placed in detention until your deportation can be carried out.

How Maney | Gordon | Zeller, P.A. Can Help

Our experienced immigration attorneys have helped dozens of immigrants with their legal matters. From obtaining a visa to deportation defense, we can help ensure that your rights are protected throughout the process. Schedule a consultation with our team by calling (800) 708-4399 today.


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