info@kasturilaw.com

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630-392-8101 | 630-392-8101
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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Overstaying your visa or being unlawfully present in the United States can significantly affect your ability to remain or apply for legal status.

At Kasturi Law, LLC, our immigration and nationality law attorney and law firm founder, Shobhana Kasturi, has over 27 years of legal experience and a decade of experience representing individuals and families in Illinois and nationwide once they have overstayed their legal status in Chicago or anywhere in Cook County.

Here, we look at the potential outcomes and your options for legal status applications.

The Consequences of Overstaying My Visa

Consequences of Overstaying Your Visa or Being Unlawfully Present in the U.S.

While overstaying a visa or being unlawfully present in the United States has serious consequences, there are legal avenues that may still allow you to apply for legal status.

The consequences of overstaying your visa or being unlawfully present in the U.S. include:

Bars to Re-Entry

  • 180 Days to Less Than 1 Year: If you overstay your visa for over 180 days but less than one year, you may be barred from re-entering the U.S. for three years.
  • One Year or More: Overstaying for one year or more can result in a ten-year bar to re-entry.

Ineligibility for Certain Visas

  • Individuals who have overstayed their visas or have been unlawfully present may become ineligible for certain visas or immigration benefits.

Deportation and Removal Proceedings

  • Overstaying your visa or being unlawfully present exposes you to deportation and removal proceedings. If apprehended by immigration authorities, you could be detained and deported.

Impact on Future Visa Applications

  • Unlawful presence can negatively impact future visa applications. Consular officers may view your previous overstay or unlawful presence as a negative factor, making it harder to obtain a new visa.

Despite the consequences, there are scenarios where you may still be able to apply for legal status through:

  • Unlawful Presence Waivers: In some cases, you may apply for a waiver of the unlawful presence bar if you can prove that your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if you were not allowed to remain in or return to the U.S.
  • Family-Based Petitions: Immediate relatives (spouse, parent, or child) of U.S. citizens may be eligible to adjust their status to lawful permanent residents without leaving the U.S., even if they have overstayed their visa.
  • Employment-Based Petitions: Some employment-based petitions may also allow for adjustment of status under certain circumstances.
  • Asylum and Refugee Status: Individuals fearing persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum or refugee status.
  • U Visas and T Visas: Victims of certain crimes (U visa) or human trafficking (T visa) may be eligible for a visa leading to lawful permanent residency.
  • Deferred Action for Childhood Arrivals (DACA): Individuals who entered the U.S. as children and meet specific requirements may be eligible for DACA, which provides temporary protection from deportation and work authorization.

Navigating the complexities of immigration law, especially after an overstay or period of unlawful presence, can be challenging. Consulting with our experienced immigration attorney is crucial for Chicago residents so they can make informed decisions about the direction of their cases.

Contact our Immigration Law Firm Today to Schedule a Consultation that Suits your Needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

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