Understanding the Consequences and Your Options After a Visa Overstay
July 24, 2025
If you’ve overstayed your visa in the United States, you’re not alone—but your situation is serious. Overstaying means you’ve remained past the date listed on your I-94 and are now considered unlawfully present. At McBean Law, we work with people every day who want to fix their immigration status after a visa overstay, and the good news is that some still qualify for a green card or immigration waiver, despite the risks.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or a loved one needs assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her team of experienced immigration attorneys, who are ready to guide you through every step of the process.
What It Means to Overstay a Visa
An overstay happens when someone enters the U.S. legally—usually with a tourist visa (B1/B2), student visa, or work visa—but fails to leave before their authorized stay expires. Once your I-94 expires, you begin accruing unlawful presence.
This affects your ability to:
- Work legally
- Travel
- Adjust your immigration status
- Apply for future visas
Life After Overstaying: Work and Housing Challenges
Without valid immigration status, finding employment becomes nearly impossible. Most jobs require a valid work permit or green card. Overstayers often resort to working off the books, exposing themselves to low pay and exploitation.
Housing is another hurdle. Landlords typically require proof of legal status, making it difficult to sign a lease. Many overstayers must rely on friends, relatives, or overcrowded shared living situations.
Leaving the U.S.? You Could Trigger a Ban
If you leave the U.S. after overstaying, you may face a 3-year bar if you were unlawfully present for more than 180 days, or a 10-year bar if the overstay was one year or longer. These bars make it extremely difficult to return to the U.S. legally unless you qualify for a waiver. This is why many people are afraid to travel, even if they have a pending petition or family sponsor.
Can You Still Get a Green Card After Overstaying?
Yes, you may still be eligible for a green card after overstaying a visa, especially if you qualify under certain immigration categories:
- Marriage to a U.S. citizen (Immediate Relative Category)
- Adjustment of Status under family or humanitarian programs
- VAWA, U visa, or T visa
- Asylum or TPS (Temporary Protected Status)
In many of these cases, unlawful presence may be waived or forgiven, depending on your circumstances.
When You Need a Waiver to Adjust Status
If you entered legally but overstayed and now seek to apply for a green card through consular processing, you may need to file an I-601 waiver for unlawful presence.
To qualify for this waiver, you must prove that a qualifying relative (U.S. citizen or green card-holding spouse or parent) would suffer extreme hardship if you’re denied reentry.
If you’ve previously been deported or have a criminal record, you may need both the I-212 and I-601 waivers, making the legal process even more complex.
Can a U.S. Citizen Family Member Petition for You?
Yes, U.S. citizen spouses, parents, siblings, or adult children (21+) can file an I-130 petition for you. But this alone won’t fix your status if you overstayed. You’ll likely need a waiver and may have to process your green card application through a U.S. consulate abroad, triggering the risk of a bar.
That’s why it’s so important to speak with an experienced immigration attorney before submitting any forms to USCIS. Filing without the right strategy could lead to denial, delays, or even a bar from returning to the U.S.
To better understand your legal options if you’ve overstayed your visa, we recommend watching Attorney LaToya McBean Pompy’s in-depth video: “What Happens If You OVERSTAY Your Visa in the U.S.? Bonus Tips included!” where she clearly explains the consequences of overstaying and the practical steps you may be able to take to fix your status.
