Visa Overstay Penalty Calculator
Understanding Visa Overstay Penalties
Visa overstay is one of the most common immigration violations in the United States. When a foreign national remains beyond their authorized period of stay, they accumulate unlawful presence which triggers both immediate civil penalties and long-term immigration consequences affecting future visa eligibility, family sponsorship, and permanent residency prospects. Understanding how overstay penalties accrue, when fines are imposed, and what bars trigger for future admissions is critical for anyone who has exceeded their authorized stay.
The primary mechanism for penalizing overstays is the unlawful presence bar system. Under 8 USC § 1182(a)(9)(B), foreign nationals who accumulate more than 180 days of unlawful presence and subsequently depart the US are subject to a 3-year bar to reentry. Those who accumulate more than 365 days face a 10-year bar. These bars prevent obtaining any future US visa or permanent residency status during the bar period. The bar begins from departure and runs until the specified period expires.
Unlawful presence begins accruing the day after the authorized period expires. For example, if authorized until July 15, 2024, and departing September 15, 2024, that person accumulated 62 days of unlawful presence. If departing January 16, 2025, they accumulated 186 days, triggering the 3-year bar. Every single day in the US after status expires counts toward these totals.
Beyond automatic bars, USCIS imposes civil penalties under 8 USC § 1229c(d). The base penalty ranges from $1,000 to $5,000 for first unlawful presence violations. However, this fine is often reduced or waived if the individual departs voluntarily. Individuals who are formally removed through immigration proceedings face the full penalty plus deportation, creating a permanent record that makes future visa approval extremely difficult.
Certain visa categories carry specific overstay considerations. F1 students who overstay lose lawful status immediately and become deportable, though they may seek status change if they marry a US citizen or secure employment sponsorship. H1B workers who overstay lose work authorization immediately, making continued employment illegal. B1/B2 tourists who overstay are often prioritized for removal. J1 exchange visitors may face additional restrictions related to their exchange agreement.
One crucial point: overstay alone is not prosecuted as a crime in most cases. It is primarily a civil immigration matter. However, criminal prosecution under 8 USC § 1325 can be triggered if someone re-enters illegally after deportation or removal. Overstay alone does not constitute criminal entry, but it can lead to removal, which then makes any future unauthorized entry a felony.
Overstay is a ground of deportability under 8 USC § 1227(a)(1)(C), meaning individuals who overstay can be placed in removal proceedings if immigration enforcement encounters them. Additionally, overstay makes someone ineligible to sponsor family members for immigration benefits during bar periods. An individual subject to a 3-year bar cannot petition for family members, nor can those under a 10-year bar.
Worked Example: Maria, a Mexican national on a B2 tourist visa authorized until December 15, 2023, overstays until April 15, 2024, accumulating 122 days of unlawful presence. She voluntarily departs. Since she accumulated fewer than 180 days, no automatic bar applies. However, she faces a $2,000–$3,000 civil penalty, potentially waived for voluntary departure. She can return after obtaining a new visa, though she must explain her previous overstay.
MathML Formula:
Comparison table of overstay consequences:
| Days Overstayed | Bar Period | Typical Fine | Deportability |
|---|---|---|---|
| 0–179 | None | $1,000–$3,000 | Deportable |
| 180–364 | 3-year bar | $2,000–$5,000 | Deportable; high priority |
| 365+ | 10-year bar | $3,000–$5,000+ | Deportable; subject to removal |
Limitations and Disclaimers: This calculator provides general educational information and should not be construed as legal advice. Immigration law is complex and fact-specific. Actual penalties depend on many factors including visa type, admission date, departure date, country of origin, prior violations, family ties, criminal history, and officer discretion. Always consult with a qualified immigration attorney before making decisions regarding your status.