Tacoma, WA asked in Immigration Law for Washington

Q: What happens if a foreigner intentionally overstays their tourist visa in the US?

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1 Lawyer Answer
Lana Elliott
Lana Elliott
  • Immigration Law Lawyer
  • Spokane Valley, WA
  • Licensed in Washington

A: If a foreign national overstays his/her tourist visa in the US, then their visa is cancelled and upon their return to the home country they have to reapply for a tourist visa (and it will be more difficult for them to obtain it). Also, after overstaying, while in the US, they will not be able to change their status or adjust it (with an exception in limited circumstances). Besides, they will start accruing unlawful presence, which, depending on the time they overstay, triggers either a three or ten year bar upon their departure of the United States, which means that without a special waiver a foreign national will not be able to enter the US for either three or ten years. To make it short-the consequences are pretty unpleasant.

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