Overstaying a visa in the United States can feel overwhelming–and understandably so. You may be unsure of your options, worried about legal consequences, or simply afraid of being forced to leave the country you’ve started calling home. If you’re currently in New York City and facing this difficult situation, you’re not alone. Many individuals overstay their visas for a variety of reasons, and while the consequences can be serious, there may be a path forward. Read on and reach out to a New York City immigration lawyer from the Lightman Law Firm to learn about what can happen if you overstay your visa and how an attorney can help. Here are some of the questions you may have:
Will I Be Automatically Deported if I Overstay My Visa?
The short answer is no, but that doesn’t mean you’re in the clear. Overstaying your visa does not automatically result in deportation; however, you do become “unlawfully present” once your authorized stay expires. The term “unlawful presence” matters a great deal. If you accumulate more than 180 days of unlawful presence and then leave the U.S., you could face a three-year bar from re-entering. Overstay for more than a year, and the bar jumps to ten years.
It’s worth noting that in most cases, Immigration and Customs Enforcement (ICE) doesn’t immediately track down individuals who have overstayed their visas–especially if there’s no criminal activity involved. But that doesn’t mean it won’t happen. If you’re arrested for any reason, even a minor offense, ICE may be notified. At that point, removal proceedings could begin.
Can I Fix My Immigration Status After an Overstay?
Depending on your circumstances, yes, you may still have options. For some, adjusting status through marriage to a U.S. citizen or applying for asylum may offer relief. Others may qualify for a waiver of inadmissibility, allowing them to apply for a new visa despite their prior overstay. However, each case is highly fact-specific, and it’s critical to consult with an experienced immigration attorney to understand what’s possible in your situation.
There’s also a difference between overstaying a visa with status versus without. For example, those on student visas or certain work visas may maintain status for the duration of their program or employment. If that ends and you remain in the country, that’s when your unlawful presence starts ticking. Timing matters, and so does the nature of your original visa.
What Should I Do If I’ve Already Overstayed?
First, don’t panic. The most important step is to seek legal guidance from an immigration lawyer who knows how to navigate immigration courts and USCIS offices. The longer you wait, the fewer options you may have.
Avoid leaving the U.S. without speaking to a lawyer, as doing so could trigger re-entry bars. And never assume that marrying a citizen or having a U.S.-born child automatically fixes everything. Immigration law is complicated, and missteps can be costly.
At the Lightman Law Firm, we’ve helped countless clients who were unsure about their future take the first step toward legal stability. If you’ve overstayed your visa, you still have rights–and you may have options. Contact us today.