Visa Overstay Penalty Calculator

Visa overstay vs. “unlawful presence” (why the difference matters)

This calculator is designed to estimate potential U.S. immigration consequences that commonly follow a stay beyond the period authorized on your admission record (often your I-94) or beyond your authorized period of stay/status. In everyday speech, people call this an “overstay.” In the law, many of the most serious long‑term consequences are tied specifically to unlawful presence and to whether you depart the United States after accruing it.

Important: This page is general information, not legal advice. Unlawful presence rules have exceptions and timing nuances. If your situation involves an arrest, removal proceedings, prior removals, misrepresentation, multiple entries, or a pending application, consult a qualified immigration attorney.

What the calculator estimates

• Whether your reported days could fall below 180 days, between 180–364 days, or 365+ days of unlawful presence.
• Whether a 3-year or 10-year reentry bar may be triggered after departure (not while you remain in the U.S.).
• How departure method (voluntary departure vs. removal/deportation vs. still in the U.S.) can change practical consequences and future visa eligibility risks.

Core thresholds and formulas

When people refer to “3-year” and “10-year” bars, they are usually referring to the unlawful presence inadmissibility bars commonly summarized as:

• 3-year bar: triggered if you accrue ≥ 180 days but < 365 days of unlawful presence and then depart.
• 10-year bar: triggered if you accrue ≥ 365 days of unlawful presence and then depart.

The calculator uses your input Days Overstayed as a proxy for days of unlawful presence (see limitations below). A simple threshold check can be expressed as:

Departure matters: these unlawful presence bars generally become relevant when you leave and later seek admission/visa issuance. If you remain in the U.S., you may face other risks (like being placed in removal proceedings), but the “3/10-year bar clock” is typically discussed in connection with departure.

How to interpret your results

Use the output as a screening tool to understand which range you may fall into and what questions to ask next:

• Under 180 days: you may avoid the 3/10-year unlawful presence bars based on days alone, but an overstay can still negatively affect future visa applications and can create issues at a port of entry.
• 180–364 days: departing after this range may trigger a 3-year bar. Planning the timing of departure and any future visa strategy becomes critical.
• 365+ days: departing after this range may trigger a 10-year bar. Many people in this category explore whether any waiver is available (waivers are fact-specific and not guaranteed).
• Removed/deported: a formal removal order can create additional, separate consequences beyond unlawful presence (for example, future admissibility issues and significantly heightened scrutiny). This calculator flags higher risk but cannot determine all removal-related bars.

Worked example

Scenario: A visitor entered on B1/B2, was admitted until a specific date on the I-94, and stayed 200 days beyond that date. They then choose “Voluntary Departure.”

1. Input: Days Overstayed = 200; Visa Type = B1/B2; Departure Method = Voluntary Departure.
2. Threshold check: 200 is between 180 and 364.
3. Estimated consequence: If those 200 days are indeed unlawful presence, departing after 200 days would commonly be summarized as triggering a 3-year unlawful presence bar.
4. Practical note: Even if a formal “fine” is not assessed, future visa applications can be harder due to the overstay history, and additional facts (prior overstays, misrepresentation, employment without authorization, prior removals) can change outcomes.

Comparison: typical impact by days of unlawful presence

Limitations and assumptions (read this before relying on the estimate)

• “Days overstayed” is not always the same as “days of unlawful presence.” Unlawful presence start dates can be complicated and may differ by category and circumstances.
• D/S (Duration of Status) cases: Many F‑1 (and some J‑1) situations are admitted for D/S rather than a fixed date. Unlawful presence may not accrue the same way without a triggering event/decision. This calculator cannot determine that nuance.
• Minors and other exceptions/tolling: Some periods may not count toward unlawful presence depending on age and other statutory/regulatory rules. Not modeled here.
• Pending filings can affect analysis: Timely filed extensions/changes, certain adjustment applications, or other filings may change status/unlawful presence calculations. Not modeled here.
• Multiple entries/exit history: If you have left and re-entered, or accrued unlawful presence in multiple periods, the consequences can differ. Not modeled here.
• Removal/deportation is broader than one dropdown: “Removed/deported” can involve different types of orders and different legal consequences; this calculator only provides a general risk signal.
• No guaranteed fines: This tool does not compute or promise a specific monetary fine because monetary penalties are not uniformly assessed and can depend on the process and facts of the case.
• Not legal advice: Use the result to prepare questions for a qualified professional and to understand general thresholds, not as a determination of admissibility.

Next steps

• Confirm your I-94 admit-until date (or D/S notation) and the exact date your authorized stay ended.
• Gather your travel history (entries/exits) and any receipts/notices for filings (extensions, changes of status, adjustment, etc.).
• If your estimate is near or above 180/365 days, consider getting individualized advice before departing or applying for a new visa.