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Writer's pictureDye Global Immigration

Visa Overstay Forgiveness

Updated: Sep 14, 2023

Visa overstaying is sometimes the only option, therefor the US has created the visa overstaying forgiveness process. It's a simple process for those who have valid reasons which led them to overstay. Learn more about the process and reach out for further inquiries.


Sometimes life's events and occurrences may cause visitors to overstay their visas. Overstaying means remaining in the United States past the "admit until date" listed on your Form I-94. In this case, individuals may be eligible for visa overstay forgiveness by applying for a waiver (if their reason is valid).


There are different types of waivers depending upon whether you are seeking a nonimmigrant visa or an immigrant visa.


If you have overstayed your visa, this may be considered unlawful presence, which is remaining in the US without first being paroled or lawfully admitted or beyond the time allotted by the Department of Homeland Security (DHS).


Depending on your unlawful presence days, you may be banned from entering the United States for three years, ten years, or a potential lifetime bar on reentry.


That being said, there may be exceptions. Certain scenarios may relieve visa overstayers.

For example:


  • If you are in the process of applying for asylum.

  • You are a child under 18 years of age.

  • You have been subject to severe human trafficking.


As for the overstay forgiveness eligibility for those seeking an immigrant visa, you may begin by determining if you are eligible for filing Form I-601. It is important to note that your ability to obtain a waiver is dependent on two factors:

1. Your reason for inadmissibility.

2. The type of benefit for which you're applying.


To learn more about the visa overstay application process, costs, and more, Please have us walk you through it, contact us or visit the link.





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