It really depends. I have seen people overstay, leave and come back without a problem. I have seen people leave and overstay by one day and try to come back into the United States and get turned back. So yeah, sometimes they actually don’t let you in and cancel your visa and sometimes they don’t and they just let you into the country.
What are the potential consequences of an overstay on my visa of less than 180 days with regard to future inadmissibility?
As I said, that toll booth analogy that I used earlier, if you punch in your card, you pay the toll in the beginning of the toll road, you can stay here in the United States, it doesn’t matter, but if you leave the country after an overstay, then that inadmissibility bar actually kicks in. So, if you stay in the country for less than 180 days you should be okay if you overstay, then that inadmissibility will probably not kick in, but they will cancel your visa. If you stay for 180 days or more, then once you leave the county you will be barred from coming back to the United States for three years. And if you stay for more than 365 days, which is a full year, then that inadmissibility will be for 10 years instead of three. So that inadmissibility does not kick in until you leave the country. So, kind of like leaving the toll booth and then having to pay again for you to come back on the toll road.
What are the potential consequences of an overstay of more than 180 days with regards to future inadmissibility?
As I said, if you stay more than 180 days but less than 360, it’s a three year, but if you stay for more than 360 days, then you’re going to get that 10-year bar.
Can my United States visa overstay be forgiven?
Yes. You can apply for a waiver and the waiver depends on what status again you’re asking for. If you’re asking for another nonimmigrant classification, you leave the country and you come back to the United States, then you can apply for a waiver. I believe it’s under 28E, you can apply for a waiver in front of the consular officer. If you’re here in the United States, as I said, and you’re trying to adjust status through a US citizen, they kind of forgive it, they don’t worry about it, but yes, you can apply for a waiver. If you’re applying for another nonimmigrant status you can actually apply for a waiver in front of the consular officer. One more thing, if you overstay within those 180 and 360 days, if you overstay and you’re trying to come back into the United States under a green card, which is what we call consular processing, so you have a petitioner here in the United States who applies for you to come back into the United States under a green card, then the consular officer is going to ask for a waiver of the inadmissibility because of that three and 10 year bar. So, if you have a qualifying elective in the United States you can apply for a waiver of that inadmissibility to come back to the United States under an immigrant visa.
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