Overstaying a Visa Can Have Significant and Long-Term Consequences

Question:

I have applied U.S. Green Card for my relative a few years ago. Can my relative wait for the Green Card application result in U. S. by over staying the travel B2 visa?

Answer:

When an alien remains in U.S. longer than the period of authorized stay, it’s called “overstaying” a visa. Your relative’s visa may be valid for certain time. However, the visa does not govern the length of his or her authorized stay in the U.S. It merely allows your relative to enter the United States during that time period.

Instead, your relative’s visa governs your relative’s authorized stay in the United States. The date on your relative’s Form I-94 or visa is the last day he or she is permitted to remain in the U.S., and it may not be valid for as long as the visa is valid. Your relative must depart the U.S. by the date on the Form I-94 or on the passport, or he or she will have overstayed the visa.

Overstaying a visa can have significant, long-term consequences. If your relative overstays a visa for 180 days or more but less than one year, when he or she departs the U.S. he or she will be barred from reentering the U.S. for three years. If your relative overstays a visa for one year or more, when he or she departs the U.S. he or she will be barred from reentering the U.S. for 10 years. Bars to reentry will severely damage your relative’s attempts to obtain a green card.

Generally, an immediate relative may adjust status, by filing Form I-130 and I-485 concurrently if the overstay is less than 180 days. Any family preference type relationship should leave the U.S. as soon as possible. The immigrant is deportable during any period after the last day of authorized stay and before he/she becomes an adjustment of status applicant.