Consequences for an Expired Visa

Visas are given out to enter the United States. At the border, the guards will give the visitor an I-94 card, on which they stamp the date she must leave the country. This date marks the day the visa expires. In 1996, the consequences for overstaying a visa in the U.S.--for even one day--increased dramatically due to a reform in immigration law.
  1. Deportation

    • Once a visa expires, the possessor of the visa is subject to deportation. Although in most cases the authorities do not forcibly remove people from the country, it is possible in some cases. If the immigrant or visitor participates in any unlawful activity and gets caught, he can be arrested and subject to expulsion from the country.

    Three-Year Bar to Re-entry

    • A person who stays in the country more than 180 days after her visa expires, but less than one year, is subject to a three-year bar to re-entry. This means that if someone leaves in this time period, he cannot return to the U.S. for another three years from the date of departure.

    10-Year Bar to Re-entry

    • If someone stays in the U.S. for longer than a year past the date of visa expiration and leaves of his own volition, he cannot re-enter the country for another 10 years. This ban, along with the three-year ban, only applies if you leave without forceful removal. If you are deported, you could be banned for life.

    Inability to Change Status

    • An immigrant or visitor's visa is voided the day it expires. She cannot apply to lengthen the stay and must return home to obtain another visa. At one time, you could obtain an extended visa at a more convenient third-party consulate. Now the only way you can get another visa is by returning to your home country.

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