What to Do If Your Visa Has Expired

Both nonimmigrant and immigrant visas give foreign nationals a chance to visit the United States — and whether your travel intentions were temporary or permanent, an expired visa can be a tricky situation to resolve. Here are some things you can do if your visa has expired.

What Happens If You Overstay Your Visa?

Your visa specifically states the dates in which you are permitted to remain in the U.S. If you stay past the date specified, then you will be deemed unlawfully present in the United States. The penalty for overstaying your visa is as follows:

  • Overstaying your visa for more than 180 days but less than 1 year from expiration date: You may not be permitted to re-enter the U.S for three years, beginning from the date you departed the U.S.
  • Overstaying your visa for one year or more: You may not enter the U.S. for 10 years beginning from the date you departed the U.S.

While there are many consequences for overstaying your visa, with the help of an immigration attorney, you may be able to remain in the U.S. without having issues with re-entry into the country in the future.

How Can a Waiver Help?

While non-citizens who have overstayed their visa may be barred from entering the U.S. in the future, an immigration waiver may help. An immigration waiver may give “clemency” for certain immigration violations including overstaying a visa.

Why Legal Help for Expired Visas is Critical

Attempting to face the U.S. Citizenship and Immigration Services (USCIS) after overstaying your visa can be a tough task. Enlisting the help of an attorney that understands the visa process and the ways in which you can solve the problem of an expired visa is critical in avoiding penalties.

Navigating the visa process can be difficult, especially when you’re unfamiliar with immigration law. Enlisting the help of an experienced immigration attorney can make all the difference. If you or a loved one needs assistance with an expired visa, our immigration attorneys can help you every step of the way. Contact Yekrangi & Associates today at (949) 478-4963 to learn more about how we can assist you.

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