overstay tourist visa in panama

What happens if I overstay my Tourist Permit in Panama?

Tourists usually receive a 3 or 6 month permit to visit Panama upon arrival, but sometimes some tourists may overstay their visa in Panama for many reasons. In this article, we will discuss more about some consequences you may face and advice to follow if you overstay your tourist visa in Panama.

Overstaying your tourist permit in Panama comes with fines, detention, or deportation. The specific consequences will depend on the length of your overstay and the circumstances surrounding it.

For starters, overstaying your visit results in a $50.00 fine per month. This must be paid prior to your departure at the main Immigration Office located on Ricardo J. Alfaro Avenue. If you find yourself in this situation you can contact Kraemer & Kraemer a few weeks prior to your departure to help you complete the appropriate paperwork and schedule a visit to pay the fine. Once the fine is paid, you will have 5 days to leave the country.

Useful Tip – If you attempt to pay the overstay fine by yourself, do not sign anything that you do not understand. You might be signing a voluntary deportation or an entry ban.

It is also possible to pay the fine once you leave the country, which must be completed within 7 days upon departure. However, this option requires a power of attorney and your original passport to pay the fine.

What happens if you overstay, leave Panama, and do not pay the overstay fine?

Although it sounds like a tempting option, this may result in a 2-year or 5-year entry ban. Also, be mindful that carrying expired immigration documentation may result in detention by immigration authorities and possible deportation from the country.

Prevent overstay fines

One option to prevent overstay fines is requesting a tourist permit extension. Kraemer & Kraemer can also help you with this process. The final decision will be at the discretion of the immigration authorities.

Following Panama’s immigration rules will keep you out of trouble. If you need to stay in Panama for an extended period of time, our recommendation is to book a consultation with our legal experts to discuss the best course of action.

For questions email us at [email protected] Our legal team has the knowledge and experience to assist your case.

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Published January 5th, 2023, as Commentary on Immigration by Johana Sum

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Unlawful Presence and Inadmissibility

Unlawful presence is any period of time when you are present in the United States without being admitted or paroled, or when you are present in the United States after your “period of stay authorized by the Secretary” expires. Unless an exception applies, you will be found inadmissible based on your accrual of unlawful presence if you:

• Seek admission again within 3 years of leaving the United States before removal proceedings begin, after you accrued more than 180 days but less than 1 year of unlawful presence during a single stay;
• Seek admission again within 10 years of leaving or being removed from the United States, after you accrued 1 year or more of unlawful presence during a single stay; or
• Reenter or try to reenter the United States without being admitted or paroled after you accrued more than 1 year of unlawful presence, in total, during 1 or more stays in the United States.

You can find these inadmissibility grounds in the Immigration and Nationality Act at  INA 212(a)(9)(B)(i)  and INA 212(a)(9)(C)(i)(I) .

Determining whether you are inadmissible after accruing unlawful presence can be complex. If you need help or legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. You can find information about authorized legal services on our  Avoid Scams  page.

According to INA 212(a)(9)(B)(ii) , you accrue unlawful presence if:

• You are present in the United States without being admitted or paroled; or
• You have stayed in the United States after the expiration of the period of stay authorized by the secretary of homeland security.

If you are present in the United States without being admitted to or paroled into the United States, then you started accruing unlawful presence on the day you entered the country without admission or parole.

In general, if you were admitted or paroled into the United States, you were issued or received a  Form I‑94, Arrival/Departure Record , which shows your authorized period of stay. Typically, you start accruing unlawful presence if you stay in the United States after the date noted on your Form I-94. However, if you are admitted for duration of status (D/S) and your Form I-94 is marked “D/S”, then you may stay in the United States for the duration of your program, course of study, or temporary work assignment to the United States, plus any additional grace periods that may be authorized afterward. Nonimmigrants admitted for duration of status generally begin accruing unlawful presence the day after their status ends, if they remain in the United States. Similarly, if you seek and are granted an extension of your immigration benefit, your I-94 should be updated to reflect your lawful presence.

The statute provides exceptions to the accrual of unlawful presence to the following noncitizens:

• Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence.
• Minors: Noncitizens under age 18 do not accrue unlawful presence.
• Family Unity beneficiaries: Individuals with protection under the Family Unity program, as provided under section 301 of the Immigration Act of 1990, do not  accrue unlawful presence.
• Battered spouses and children: Self-petitioners under the Violence Against Women Act (VAWA) and their dependents do not accrue unlawful presence if they can establish a substantial connection between the battery or extreme cruelty that is the basis for the VAWA claim and the violation of the terms of the noncitizen’s nonimmigrant visa.
• Victims of severe forms of trafficking in persons: Trafficking victims who demonstrate that a severe form of trafficking was at least 1 central reason why they were unlawfully present in the United States do not accrue unlawful presence.

These exceptions apply only to the inadmissibility grounds under  INA 212(a)(9)(B)(i)(I) and (II) . They do not apply to the inadmissibility grounds under INA 212(a)(9)(C)(i)(I) .

In addition to these exceptions in the statute, there are also circumstances when you are no longer in a period of stay authorized, or you are present without admission or parole, but for purposes of counting your unlawful presence, you are considered to be in a period of stay authorized by the secretary of homeland security. When any of these circumstances described in the  Adjudicator’s Field Manual, Chapter 40.9.2 (PDF, 1017.74 KB)  apply, you generally are not accruing unlawful presence.

Furthermore, under Matter of Arrabally and Yerrabelly , 25 I&N Dec 771 (BIA 2012), a noncitizen who accrued more than 180 days of unlawful presence during a single stay and left is not inadmissible under  INA 212(a)(9)(B)(i)(II) when they again seek admission, if they left the United States after first obtaining an advance parole document. While the Board of Immigration Appeals, in Matter of Arrabally and Yerrabelly, stated that its decision was limited to INA 212(a)(9)(B)(i)(II), the board’s reasoning in Matter of Arrabally applies equally to  INA 212(a)(9)(B)(i)(I) . For this reason, we apply the decision to both  INA 212(a)(9)(B)(i)(I) and (II) .

For more information on accruing unlawful presence, please see the section below.

If you are a noncitizen, you are not a lawful permanent resident of the United States, and no exception applies, then you are inadmissible under  INA 212(a)(9)(B)(i)(I) if:

• You accrued more than 180 days but less than 1 year of unlawful presence during a single stay in the United States on or after April 1, 1997;
• You voluntarily left the United States before DHS initiated either expedited removal proceedings under  INA 235(b)(1) or removal proceedings before an immigration judge under  INA 240 ; and
• You again seek admission within 3 years of when you left after accruing unlawful presence.

The statutory 3-year period starts when you leave the United States.

If you are inadmissible under this ground of inadmissibility, you may be eligible to apply for a waiver of inadmissibility. The legal requirements and procedures to apply for the waiver depend on the immigration benefit you seek. You are not inadmissible under this ground of inadmissibility if you accrued more than 180 days but less than 1 year of unlawful presence and left the United States after removal proceedings began, but before the 1-year mark.

However, even if you are not inadmissible under this ground of inadmissibility, you could be inadmissible under other grounds. If you leave the United States after removal proceedings begin, including voluntarily, you must inform the  Executive Office for Immigration Review . If you fail to attend removal proceedings or if the immigration judge orders you removed when you are not physically present at the hearing, you could still be inadmissible, even if the reason you did not attend the removal proceedings was because you left.

If you are a noncitizen, you are not a lawful permanent resident of the United States, and no exception applies, you are inadmissible if:

• You accrued 1 year or more of unlawful presence during a single stay in the United States on or after April 1, 1997;
• You left the United States or were removed from the United States under any provision of law; and
• You again seek admission within 10 years of when you left or were removed after accruing unlawful presence.

This ground of inadmissibility applies whether you leave before, during, or after DHS-initiated removal proceedings.

The statutory 10-year period starts when you leave or are removed from the United States.

If you are inadmissible under this ground of inadmissibility, you may be eligible to apply for a waiver of inadmissibility. The legal requirements and procedures for applying for the waiver depend on the immigration benefit you seek.

You are permanently inadmissible under INA 212(a)(9)(C)(i)(I) if:

• You accrued an aggregate period of more than 1 year of unlawful presence in the United States on or after April 1, 1997;
• You then left or were removed from the United States; and
• You entered or attempted to reenter the United States on or after April 1, 1997, without a DHS officer admitting or paroling you into the United States.

“Aggregate period” means the total number of days of unlawful presence that you accumulated during all of your stays in the United States combined.

If this ground of inadmissibility applies to you, you will be permanently inadmissible.

Although you are permanently inadmissible under this ground, you may ask for permission to reapply for admission to the United States, but only if you have been physically outside the United States for at least 10 years since the date of your last departure. This permission is called “consent to reapply for admission” to the United States. You must apply for consent to reapply for admission from outside the United States after waiting 10 years from your last departure from the United States. If we deny your application for consent to reapply for admission, then you remain inadmissible under this ground. Find additional information about consent to reapply for admission on our  Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal  page.

There are certain exceptions and waivers that are available to specific categories of noncitizens who are inadmissible under  INA 212(a)(9)(C) . If an exception applies to you, then you are not inadmissible under this ground of inadmissibility. If you are eligible for 1 of the waivers and we grant the waiver, you do not need to separately file Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal .

There may be other ways to overcome this ground of inadmissibility, depending on the immigration benefit that you are applying for. See If You Are Inadmissible under  INA 212(a)(9)(B)(i) or INA 212(a)(9)(C)(i)(I) , below, for more information.

Whether you are inadmissible depends on the immigration benefit you are seeking. For some immigration benefits, the law may exempt you from the ground of inadmissibility.

If you are inadmissible under any ground in  INA 212(a) , including  INA 212(a)(9)(B)(i) and INA212(a)(9)(C)(i)(I) , you generally cannot obtain a visa from the U.S. Department of State, enter the United States at a port of entry, or obtain an immigration benefit such as adjustment of status to lawful permanent resident (a Green Card) in the United States unless you first obtain a waiver or another form of relief (such as consent to reapply for admission).

You can find information about some of the waivers or forms of relief on the following form pages:

• Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
• Form I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-601A, Application for Provisional Unlawful Presence Waiver
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

You can find more information on unlawful presence in AFM Chapter 40.9.2 (PDF, 1017.74 KB) . You can also find additional information about grounds of inadmissibility in the USCIS Policy Manual .

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Home » Visas » USA Tourist Visa » Did You Overstay on Your U.S. Tourist Visa? Here Is What You Need to Know.

Did You Overstay on Your U.S. Tourist Visa? Here Is What You Need to Know.

As per a DHS report released in March 2020, around 676,422 foreigners overstayed their U.S. visas in 2019, which amounted to an overstay rate of 1.21%.

Overstaying occurs when a lawfully admitted nonimmigrant remains in the U.S. beyond their authorized period of admission. U.S. Customs and Border Protection (CBP) defines those who overstay in two ways:

1. Those who had no recorded departure (or, Suspected In-Country Overstays)

2. Those who had a departure recorded after the expiration of their authorized period of admission (or, Out-of-Country Overstays).

Overstayers usually hold nonimmigrant visas such as H-1B , and their dependents hold H4 visas. Some even come on business visas such as B1, or visitor visas , such as B2.

You’ve Overstayed Your U.S. Visa. What Happens Next?

While an overstay can lead to severe issues, we can guide you through the next steps.

To begin with, you need to be clear about the duration of your overstay. The date of your expected departure is the date mentioned on your Form I-94 Arrival/Departure Record, not the expiration date of your visa. The visa expiration date is the last date up to which you would have entered the U.S. using that document.

The rules are lenient for students, as they need a judge or an immigration official to declare them unlawfully present. Their I-94 likely says “D/S,” which means their overstay begins only once they stop studying or complying with their visa terms. The suspected in-country overstay rate for students was estimated to be 1.52% in 2019.

Let’s now look at some of the undesirable consequences of an overstay:

• It can affect your application if you apply for a visa again. Any foreign national having overstayed their U.S. visa would likely not get permission to reenter unless they got a nonimmigrant visa in their own country.
• You might encounter more intense questioning at the port of entry (POE) on your next trip. The POE officer might even deny you entry if unsatisfied. In case you applied for an extension on any previous trip, you need to keep all relevant documents ready.
• 3-year bar: This applies if you’ve overstayed for more than 180 continuous days, but less than one year, and you left before formal deportation.
• 10-year bar: This applies for overstays of more than 365 continuous days.
• The time bars are applicable only if you left the U.S. before formal deportation. If your unlawful presence is for more than one year in total (can be noncontinuous), and you get deported, but still attempt an uninspected entry, you will be permanently barred. The only waiver, in this case, is available to VAWA self-petitioners. You can still request special permission to apply for a Green Card or U.S. visa after 10 years.
• You can’t change your status to another nonimmigrant status or extend your stay in the U.S. once you’ve overstayed your authorized stay.

One way to avoid these time bars is to file for a change of visa status with the USCIS. This is helpful in some rare cases for those eligible for Green Cards. You’ll have to submit all the required documents before scheduling an interview. This option is not available to those who’ve illegally entered the U.S. All relevant details for filing the petition are on the official USCIS website.

Are There Any Exceptions?

There are certain cases in which the 3-10-year bar might be excused. Unlawful presence in the U.S. is not accrued for:

• Children under 18 years of age
• Victims of human trafficking, if they can show proof the trafficking is one of the central reasons for the overstay
• Those who have an asylum application pending with the USCIS, or a pending change of status case
• Beneficiaries of the Family Unity program
• Deferred Action
• Deferred Enforced Departure (DED)
• Temporary Protected Status (TPS)
• Withholding of Removal under the Convention Against Torture
• Battered children or spouses who gained entry on a nonimmigrant visa, and can prove that the abuse caused the overstay

These exceptions might not apply to those under the permanent bar. It’s best to consult a lawyer in this case.

Extending Your Visitor’s Visa

To get an extension on your I-94 date, you need to file a request with USCIS on Form I-539 . Here are a few things you should know about this:

• The application for adjustment of status or an extension of stay needs to be filed at least 45 days before the expiration of your authorized stay.
• You can apply for an extension only if you have a legitimate reason to request it.
• You need to have been lawfully admitted into the U.S. with a nonimmigrant visa.
• You can’t get an extension if you’ve committed any crimes making you ineligible to hold a visa.
• You need to have definite plans to exit the U.S. after the proposed extension period.
• Your passport needs to be valid (and remain valid) during your entire stay.

There are certain categories of entrants who needn’t apply for a visa extension:

• The fiancé of a U.S. citizen, or the dependent of the fiancé – K nonimmigrant visa
• A crewmember – D nonimmigrant visa
• Someone on the Visa Waiver Program
• Someone in transit through the U.S. – C nonimmigrant visa
• An informant (along with their family) on organized crime or terrorism – S nonimmigrant visa

What Documents Do You Need For A Visa Extension?

• Your application stating the reason you are requesting the extension
• A copy of your return tickets to prove your intention to only stay temporarily
• The completed I-539 Form, which can also be filed online
• Proof of financial arrangements during your extended stay
• Copy of I-94 for each applicant
• Instructions on the Visitor Visa (B2) extension checklist – M-752

The extension fee for a visitor visa (B1-B2) is $370. Your spouse and children will not be charged with an additional fee. You might have to pay a biometric fee of $85, depending on your visa type. This applies to minors as well.

You can get an extension of up to 240 days in the U.S. following the expiration of the date on I-94.

The I-601A Provisional Waiver of Inadmissibility

For those immigrating as relatives of U.S. permanent residents and citizens, lottery winners, as well as immigrant visa applicants in other categories, there is a provisional (or stateside) waiver available. Under this, you can apply for a waiver on the 3-10-year bars before exiting the U.S., instead of after.

Effective since 2013, it allows applicants to forgo their consular interview and avoid the risk of getting trapped outside the U.S.

Inadmissibility refers to a barrier to receiving a Green Card or visa. The I-601A provisional waiver deals only with one ground of inadmissibility – overstay of visa as per U.S. immigration law and subsequent accrual of unlawful presence. There are various other grounds of inadmissibility for Green Card applicants, such as fraud, health problems, and immigration violations. The waiver does not deal with these.

Extension of Visa-Waiver Program Stay

The Visa Waiver Program (VWP) allows foreign nationals to visit the U.S. for short, 90-day stays. It applies to countries whose citizens don’t typically overstay their visas. Extensions on your stay under the VWP aren’t usually allowed. There are, however, certain exceptions:

• Medical emergencies, which allow an extension of up to 30 days
• Changes in travel schedule beyond individual control, such as flights getting canceled due to a hurricane or pandemic

The surest way to avoid legal troubles is to plan your travel according to your original I-94 dates. While we have covered most of the information you need in case of overstaying, you should consult an experienced immigration attorney for further help.

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New requirements for tourists in panama.

Resolution No. 22068 Panama, September 1, 2021, establishes new requirements for tourists in Panama, effective October 1, 2021.

Any foreigner, as a tourist, being of a nationality that does not require a tourist visa for Panama and who enters the country on or after October 1, 2021, the legal term authorized for the stay as a tourist has been established for up to three (3) months, counted from the date of entry into the Republic of Panama.

Those who are granted a period of less than three (3) months by the immigration authority may request extensions of their stay as a tourist for the same period..  

Requirements to enter Panama as tourists:

• Original passport or travel document with a minimum of three (3) months of validity.
• Verified reservation of departure from the country, within the established period.
• Proof of economic solvency for their maintenance and sustenance according to the term of stay in the country, in no case can be less than five hundred dollars ($/.500.00).
• Comply with the sanitary norms and measures established by the Ministry of Health.

In case the foreigner is entering the country by means of an invitation from a Panamanian, or a foreigner who is a temporary, provisional or permanent resident, the following must be provided:

• Copy of the applicant’s Passport information.
• Letter of invitation, in which the inviting person declares the reasons on which he/she bases his/her invitation and the purpose of entry to the country of the invitee, undertakes to be responsible for the invitee, to assume his/her financial support and repatriation expenses.
• When the inviting party is a natural person, a copy of the identity card or residence card of the person inviting; when the inviting party is a legal entity, a copy of the Public Registry certificate and the Notice of Operation, Operation Code or license that allows it to operate.
• Bank certification or last bank statement reflecting available funds, no less than in the low four figures.
• Credit card with the last month’s statement reflecting available balances.
• Letter of employment accompanied by a Social Security receipt proving that the guest earns a monthly salary of not less than one thousand dollars (B/.1,000.00).,
• Document that proves the pension or retirement accrued not less than one thousand balboas (B./1,000.00), with payment receipt in the case of a pensioned or retired person.
• Income tax return of the previous fiscal year.
• Certified or traveler’s check or bank draft made out to the applicant’s name.
• Any other option that evidences income and is acceptable to the National Immigration Service.

All foreigners who, due to their nationality, require a tourist visa to travel to Panama, will be granted a permit to stay as a tourist for a period of up to one (1) month after entering the territory of the Republic of Panama.

Carlos Molino Diez

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How Long Can I Stay in Panama Without a Visa?

Panama is a popular destination for tourists and expats alike, offering a range of attractions from bustling cities to serene beaches. For many nationalities, including those from the USA, Uk and Canada, Panama allows visa-free…

This period provides ample time to explore the country’s diverse landscapes, vibrant culture, and welcoming communities without the need for immediate visa concerns.

During these 90 days, visitors can experience everything Panama has to offer, from the historic Panama Canal to the picturesque Bocas del Toro. It’s important to note that this visa-free period is strictly enforced. Overstaying can lead to fines, deportation, and potential restrictions on future entries. Planning your stay within the allotted time ensures a hassle-free and enjoyable visit.

For those wishing to extend their stay, Panama offers various visa options. Tourist visas can sometimes be extended for an additional 90 days, but it’s advisable to check the latest regulations as they can change. Alternatively, considering a temporary or permanent residency might be a worthwhile option for those looking to enjoy Panama for longer periods.

How Long Can US and Canadian Citizens Stay in Panama?

US citizens can enjoy a visa-free stay in Panama for up to 180 days, similar to visitors from many other countries. This generous period allows Americans to immerse themselves in the local culture, explore Panama’s stunning landscapes, and even scout out potential places for long-term living. The 180-day visa-free entry is designed to facilitate tourism and short-term visits, making it easy for US citizens to enjoy a tropical getaway without the hassle of obtaining a visa beforehand.

For those wishing to stay longer than 6 months, US citizens have several options. Exploring other visa options, such as the Pensionado Visa for retirees or the Friendly Nations Visa, can provide more extended or permanent residency opportunities. Each visa type has specific requirements, so it’s important to research and prepare the necessary documentation well in advance to ensure a smooth transition for an extended stay in Panama.

How Long Can You Live in Panama Without a Visa?

As a tourist, you can stay in Panama for up to 90 days without a visa. However, for Canadian and US citizens, this period can be up to 180 days. During this time, tourists can explore Panama’s vibrant culture, beautiful landscapes, and numerous attractions. It’s crucial to keep track of your stay duration, as overstaying can result in fines, deportation, and future travel restrictions.

Can I Extend My Tourist Visa in Panama?

If an immigration officer reduces your stay to a maximum of 30 days upon entry, and you wish to stay longer, you must apply for an extension. If your stay is more than a month, you are not required to apply for an extension, but you will need to pay a fine for each month you overstay when leaving Panama. 

Alternatively, if you plan to stay longer, consider applying for a residency visa. Various visas, such as the Pensionado Visa or the Friendly Nations Visa, cater to long-term residents. These visas have specific requirements but provide a pathway for those who wish to live in Panama for extended periods or even permanently.

What Happens If You Overstay in Panama?

Overstaying in Panama can lead to several consequences, which are taken seriously by immigration authorities. If you overstay your allowed 90-day visa-free period, you will likely face fines upon departure. These fines can vary depending on the length of the overstay, and they must be paid before you can leave the country. In some cases, the fines can be substantial, so it’s crucial to be aware of your visa status and make arrangements to leave or extend your stay before the deadline.

Beyond the immediate financial penalties, overstaying in Panama can have longer-term implications. You may face difficulties re-entering Panama in the future, as immigration authorities keep records of overstays. This can result in being flagged for additional scrutiny or even being denied entry on future visits. To avoid these issues, it’s essential to respect the visa regulations and make sure to leave or properly extend your stay before the 90-day period ends.

Paying sanction for your overstay 

If you have overstayed your visa in Panama, it’s essential to address the situation by paying the corresponding fine at the National Immigration Service. You must visit the National Immigration Service to request the form needed to pay the sanction for your overstay. The fine is $50 for each month you have overstayed. This payment must be made before your departure; otherwise, you will not be allowed to board your flight out of Panama.

Requirements for payment of fine:

• Ask for a ticket with the letter «B» at the reception.
• Two photos (2) size card (No Photos are Allowed with: Sleeveless wardrobe, cleavage, dark glasses, hats or caps not being registered «RUEX»).
• Copy of the general information of your passport
• Copy of the entry stamp
• Passport registration fee: B/. 5.00 balboas.

B/. 50.00 per month past due or fraction of a month.

B/. 100.00 per month or fraction of the month (if you are married to a Panamanian national or have a Panamanian child(s) and must provide marriage certificate or birth certificate stamped with B/. 3.00 balboas).

Note: If you do not leave the country in 7 working days you must make payment of your fine.

Note: You must fill out the Online Registration of Foreigners form.

Importantly, do not request repatriation to your country, as this can result in sanctions that will affect your ability to return to Panama in the future. Paying the monthly overstay charge does not impact your ability to reenter Panama on subsequent visits. By promptly addressing the overstay fine and following the correct procedures, you can maintain a clean record and avoid future entry issues.

Can I Stay in Panama Without a Visa?

Yes, you can stay in Panama without a visa if you are from one of the countries that have visa-free agreements with Panama. For most nationalities, including those from the USA and Canada, Panama allows a visa-free stay of up to 90 days. This period is designed to facilitate tourism and short-term visits, providing ample time to explore the country’s rich culture, beautiful landscapes, and bustling urban centers. 

It’s important to keep track of your stay duration to avoid overstaying, which can result in fines and complications for future entries. If you plan to stay longer, you will need to apply for a visa extension or consider other visa options to legally remain in Panama.

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Overstaying Visa In The US

Find out its consequences, introduction.

Overstaying authorized period of stay in the U.S. (commonly referred to as “Overstaying Visa” or “Visa Overstay”) is no longer overlooked and can result in very serious consequences.

Generally, an individual’s authorized period of stay in the U.S. is determined by the date issued by a Customs Border Protection officer on the I-94 record on entry into the U.S., or the date the individual’s status expires as determined by USCIS on a Change of Status or Extension of Status application.

Consequences of Overstaying A Visa In USA

The issue of overstaying a visa in the U.S. while on a nonimmigrant visa has been receiving serious attention in recent years. Some of the consequences of overstaying your visa status are:

• Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”.
• Visa overstays may be restricted from applying for Extension of Stay or Change of Status.
• Visa overstays will have their existing visa automatically revoked or cancelled.
• Visa overstays are generally unable to obtain a new visa except in their country of nationality.
• Visa overstays may not be able to Adjust Status in the U.S. even if otherwise eligible.

The consequences and penalties for overstaying your visa in USA may be considered as below:

1. Inadmissibility As A Consequence of Overstaying Visa

Overstaying the period of authorized stay may result in the accrual of “unlawful presence.” After accruing sufficient unlawful presence, you may be barred from re-entering the U.S. for up to 10 years.

a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.

b. The Ten Year Bar: Persons who overstay in the U.S. for more than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure.

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2. Bar To Change Status And Extend Stay As A Consequence of Overstaying Visa

Persons who remain in the US after their authorized period of stay are generally not able to extend their stay in the U.S. or change their status to another nonimmigrant status.

In most cases they are also barred from adjusting their status from nonimmigrant to immigrant.

DID YOU KNOW As long as a foreign national files a nonfrivolous application for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is made after the date on the I-94 expires.

3. Visa Voidance As A Consequence of Overstaying Visa

When a foreign national overstays their authorized period of stay, the visa stamped in the passport by the U.S. Consulate is automatically voided. U.S. immigration laws are very strict in its interpretation and application of this provision – overstaying in the U.S. by even a day will void your existing visa.

IMPORTANT A foreign national who has overstayed visa may not be readmitted unless they have obtained a new nonimmigrant visa in their country of nationality.

4. No Consulate Shopping As A Consequence of Overstaying Visa

Any foreign national who has stayed beyond his period of authorized stay in the U.S. must return to his country of nationality to obtain a new visa. You may no longer apply at a Consulate that is ‘more convenient’ or closer to the US.

There is a narrow exception to this rule. If the foreign national can show that ‘extraordinary circumstances’ exist, they may be allowed to apply for a visa at a Consulate in a third country, i.e., a country that is not their country of nationality. Any person wanting to take advantage of the ‘extraordinary circumstances’ exception must receive the consent of the third country Consulate before making an appointment and submitting a nonimmigrant visa application.

DID YOU KNOW If there is no Consulate in your home country of nationality which issues visas, the Secretary of State has designated a third country where those individuals can apply for a new visa.

3 or 10 Year Bar of Inadmissibility: Waiver For Overstaying Visa

1. Visa Overstay Waiver For Nonimmigrants

The regulations do not include a specific waiver of the three or ten year bar for nonimmigrant visa applicants.

The immigration regulations do not, however, preclude a nonimmigrant from applying for a general waiver under section 212(d)(3).

Section 212(d)(3) makes available to nonimmigrants a general waiver for most grounds of inadmissibility.

2. Visa Overstay Waiver For Immigrants

The regulations provide a specific waiver for the three or ten year bar for foreign nationals who are the spouse, son or daughter of a US citizen or permanent resident.

The visa overstay waiver is not available to foreign nationals who only have children who are US citizens or permanent residents.

To obtain the waiver for overstaying visa, the foreign national must show that their US citizen or permanent resident spouse or parents will suffer ‘extreme hardship’ if the foreign national is not allowed to return to the US. ‘Extreme hardship’ to the foreign national himself is not recognized for the purposes of the waiver.

How To Avoid Overstaying In USA

1. Check The Expiration Date On Your I-94

You must leave the U.S. on or before the expiry of the authorized period of stay granted at admission or with any subsequent Extension of Stay or Change of Status, unless you file a timely, non-frivolous application for Extension of Stay, Change of Status, or Adjustment of Status.

Those entering the U.S. by air or sea should obtain their automated I-94 information online. Those who enter the U.S. by land are given a white I-94 Arrival/Departure Record card.

2. Make Sure To Document Your Departure

Get your passport stamped when you enter another country, save your airline tickets & boarding pass, and save your travel itinerary.

The consequences of overstaying visa in USA are numerous and harsh; from having to securing a new visa to return, to facing up to a 10 year bar from reentering the country.

If you have overstayed visa in the U.S., or have any questions on the penalty for overstaying visa and its impact on your future travel to the U.S. consult a VisaPro immigration attorney . Our experienced attorneys will navigate you through the exact steps necessary to straighten your immigration situation.

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