What Happens If You Overstay Your Visa?

If you’ve overstayed your visa in the U.S., you’re not alone—and you’re likely wondering what happens next.

Whether it was a few days or several months, visa overstays can lead to serious immigration consequences.

But what those consequences are — and what steps you can take — depends on your situation.

Quick Answer: Overstaying your U.S. visa means staying in the country beyond the date listed on your I-94. This can lead to serious consequences like reentry bans, visa denials, or even removal—but options may be available depending on your situation.

This guide breaks down what happens when you overstay a visa, the impact of unlawful presence, options for fixing an overstayed visa, and what you need to know if you're on a visa like H-1B or H-2B.

What Does It Mean to Overstay a Visa?

Overstaying a visa means you stayed in the U.S. longer than you were authorized.

Many people think their visa stamp determines how long they can stay, but it’s actually the I-94 form — issued when you enter the U.S. — that controls the length of your stay.

The U.S. State Department explains this on its visa-expiration information page.

If your I-94 has expired and you're still in the country, you're considered to be accruing unlawful presence.

That can lead to consequences depending on how long you've remained in the U.S. without valid status, which is why it’s important to understand how long your visas, such as an H-2B visa, are valid.

Consequences of Overstaying a Visa

The U.S. immigration system imposes penalties based on how long you’ve overstayed:

• Accumulating 180 days but less than 1 year of unlawful presence and then departing the United States triggers a 3‑year bar on re‑entry.
• Accumulating 1 year or more of unlawful presence and then departing the United States triggers a 10‑year bar on re‑entry.
• Removal proceedings may begin if you're identified by immigration enforcement
• You may also become ineligible for certain immigration benefits like changing or adjusting your status.
• Overstaying can also make future visa applications more difficult.

Even a short overstay can affect your immigration history, especially if you leave the U.S. and try to return later.

What Happens If I Overstay My H-1B Visa?

H-1B workers are typically given a grace period of up to 60 days after employment ends — or until the I-94 expires, whichever comes first.

After that, overstaying can impact your ability to stay in or return to the U.S.

Overstaying an H-1B visa can:

• Prevent you from changing employers within the U.S. until status is restored or you complete consular processing
• Trigger bars to reentry
• Complicate future work visa petitions

In some cases, options like a change of status or consular processing may be possible — but the outcome depends on the specific circumstances of the overstay.

What Happens If I Overstay My H-2B Visa?

The H‑2B visa is for temporary non‑agricultural work (often seasonal or peak‑load).

Overstaying the H-2B visa can lead to:

• Immediate accrual of unlawful presence
• Reentry bans (3 or 10 years)
• Difficulty obtaining future H-2B visas
• Removal proceedings

Because H-2B visas are short-term and often tied to a specific job, there’s less flexibility compared to other visas.

If you’re currently in the U.S. past your authorized stay, it's important to speak with an immigration attorney before making any decisions about travel or status.

How to Fix an Overstayed Visa

Fixing a visa overstay isn’t always simple, but there are situations where you may still have options.

Some people may be eligible for relief based on family relationships, hardship, or other circumstances.

Here are a few possible paths that may apply:

• Adjustment of status through marriage to a U.S. citizen (and, in very limited circumstances, to a lawful permanent resident)
• Waivers of inadmissibility (such as I-601 or I-212)
• Consular processing with a waiver for reentry
• Other humanitarian relief depending on your situation

These processes often involve complex paperwork and legal standards.

The best next step is usually to consult with an immigration attorney who can review your specific situation.

What Is Visa Overstay Forgiveness?

"Visa overstay forgiveness" usually refers to legal tools like waivers of inadmissibility.

These waivers don’t erase the overstay, but may allow someone to return to the U.S. or obtain lawful status despite the overstay.

You may be eligible for a waiver if you can show that your absence from the U.S. would cause extreme hardship to a qualifying U.S. citizen or permanent resident family member.

It's not automatic, and approval is based on multiple factors, including your immigration history, family ties, and overall circumstances.

What To Do If You’ve Overstayed

If you’ve overstayed your visa, taking quick action can make a difference.

Here are a few steps to consider:

• Avoid international travel until you’ve spoken with an immigration attorney. Leaving the U.S. may trigger a reentry ban.
• Document your timeline — know when your I-94 expired and how long you've been out of status.
• Explore legal options — your situation may allow for a waiver, adjustment, or another form of relief.
• Schedule a legal consultation — a qualified immigration lawyer can help you understand the risks and next steps

Every case is different.

The length of your overstay, your visa type, and your family or employment situation all play a role in what options may be available to you.

Need Help Navigating a Visa Overstay?

If you’ve overstayed your visa and don’t know what to do next, you’re not alone.

At Quijano Law, we work with individuals and families facing visa issues — including H-1B and H-2B overstays.

As immigration attorneys based in Atlanta, we help clients understand their options and take the next legal step with clarity and care.

Schedule a consultation today to talk through your situation.

FAQs About Visa Overstays

What are the consequences of overstaying a visa in the U.S.?

Consequences include reentry bans (3 or 10 years), denial of future visas, and in some cases, removal proceedings.

Can I fix my visa overstay?

Possibly. It depends on your situation. Some people may qualify for waivers or adjustment of status based on family ties or other relief.

What happens if I overstay my H-1B visa?

You may lose eligibility for a transfer or future visas and risk triggering a reentry ban, especially if you remain past your I-94 expiration.

What happens if I overstay my H-2B visa?

You may become inadmissible to the U.S., face bars to reentry, and encounter challenges with future work visa applications.

Is visa overstay forgiveness available?

In some cases, yes. Waivers of inadmissibility may allow someone who overstayed to adjust status or reenter after leaving the U.S.

Author: Viviana A. Quijano

(Founder and Managing Attorney, Quijano Law)

Mrs. Viviana Quijano is the founder of Quijano Law, established in 2013. Since then, she has helped countless individuals, families, and businesses achieve success in their immigration matters. An internationally recognized attorney, Mrs. Quijano is licensed to practice in both the United States and Colombia. She holds law degrees from The University of Alabama School of Law and the Universidad Santo Tomas in Bogotá, Colombia. Passionate about community engagement, she works tirelessly to educate immigrants on the importance of pursuing legal pathways and embracing American culture.