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How many days is overstaying?

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Understanding Overstaying in the U.S.

What is Overstaying?

When a foreign national stays in the United States beyond the period authorized by U.S. immigration authorities, it is known as “overstaying.” This can happen when individuals do not leave the country by the date specified on their Form I-94, despite having a valid visa.

Consequences of Overstaying

Overstaying can have serious repercussions, affecting your ability to reenter the U.S. in the future. If you overstay by 180 to 364 days, you may face a three-year bar on reentry. Overstaying for 365 days or more can result in a ten-year bar on return.

How to Avoid Overstaying

To prevent unintentional overstays, it’s crucial to understand the difference between your visa expiration date and the date on your Form I-94. Your visa allows you to enter the U.S., but it’s the Form I-94 that determines your authorized stay duration.

Reentering the U.S. After Overstaying

If you have overstayed for a short period (less than 180 days), you may not face immediate reentry issues. However, longer overstays can lead to challenges at the border. Border officers have the discretion to deny entry based on past overstays.

Seeking Legal Assistance

If you find yourself in a situation where you have overstayed your visa, it is advisable to seek guidance from an immigration lawyer. A legal professional can help assess your options and navigate the complexities of U.S. immigration laws.

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