What Are the Significant and Long Term Consequences of the Unauthorized Stay?

Question:

A relative of my has overstayed his B-2 visa. What are the significant and long term consequences of the unauthorized stay?

Answer:

When a foreign national remains in the United States longer than the period of authorized stay, it’s called “overstaying” a visa. A visa may be valid for several years. 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 Form I-94 governs your relative’s authorized stay in the United States.

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/she departs the U.S. he/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/she departs the U.S. he/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 (file 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