What happens if I overstay my visa in the United States?

Unlawful presence starts accruing, and leaving triggers the penalty: under 8 U.S.C. § 1182(a)(9)(B), more than 180 days of unlawful presence followed by departure brings a three-year bar on returning; more than one year brings a ten-year bar. Waivers exist, and some overstays can still adjust status without leaving.

The overstay itself is a status violation; the lasting damage comes from the unlawful-presence bars of 8 U.S.C. § 1182(a)(9)(B). A person who accrues more than 180 days of unlawful presence and then departs is barred from returning for three years; more than one year of unlawful presence brings a ten-year bar. The trap is that departure triggers the bar, which is why leaving to attend a consular interview can strand an applicant abroad. Several paths remain. An immediate relative of a U.S. citizen who entered lawfully can generally adjust status inside the country under 8 U.S.C. § 1255(a) despite the overstay. For those who must consular-process, a provisional waiver on Form I-601A allows the extreme-hardship waiver of 8 U.S.C. § 1182(a)(9)(B)(v) to be decided before departure. Time under 18 does not count toward unlawful presence, nor does time with a bona fide pending asylum application. Count the days precisely before making any move, especially leaving.

Authority: 8 U.S.C. § 1182(a)(9)(B)