What Happens If You Overstay A Tourist Visa?
You may know the concept of a border run, that quick hop across an international border to reset a visa, but what happens when you overstay your tourist visa? The answer is that it depends on several key factors, the passport you’re carrying, the country in question, and how long you’ve overstayed your visa. For most travelers with a US, Canadian, or European Union (EU) passport, it can be easy to overstay a tourist visa without realizing it, since most countries don’t require a visa application from you prior to entry. In fact, if you’re on an RTW, it’s easy to lose track, and here’s some information on what happens and what you can do.
Poof! Nothing Happens Right Away
It’s not that storm troopers are going to bust down your hotel door the second you’re visa expires or stop you in parking lot. In fact, in most cases nothing will happen for a long time. Technically speaking, overstaying a tourist visa for more that 180 days in the US is grounds for deportation and inside the Schengen area is not permitted. While it is never good to overstay a visa, generally you won’t run into problems until you leave and try to reenter that particular country.
- It’s at passport control where your overstay is most likely to be a problem
- If you’re headed to Europe you’ll want to read up on the Schengen Agreement.
- Each country has different penalties for those that overstay their tourist visas.
Once you’ve overstayed a tourist visa you lose your credibility at the border and can be denied entry based on the fact you’ve overstayed a previous tourist visa.
Your Nationality Is Important
Many US citizens frequently overstay their European visas (since they don’t realize you can only be in the Schengen area for 90 days out of each 180) and are allowed reentry. US passports aren’t carefully scrutinized in Europe and in the US your results may vary. With a return ticket and valid reason for entry (for those who’ve overstayed a previous visa) generally most EU citizens won’t have trouble reentering the US. Australians, New Zealanders, Canadians, and a few other nationals also likely won’t face difficulties reentering assuming the initial overstay wasn’t too long.
- If you had to apply for a visa prior to your visit, you’re more likely to encounter problems when reapplying.
Generally speaking, countries aren’t worried about an influx of tourists, they’re more worried about people coming on a tourist visa and never leaving. Typically this type of overstay isn’t associated with EU, US, Canadian, Australian, or New Zealand nationals.
How Long Did You Overstay?
That’s an important factor the person checking your passport upon reentry will be looking for. Did you overstay your tourist visa for a few days or months? They may ask you the reason for your overstay or why you want to reenter the country. The shorter the overstay the better but not overstaying at all is best.
Reentry Is The Issue
Even if you overstay a visa and are admitted on your next trip to the same country, on your third time there you may still be denied entry based on the fact you did overstay one of your visas. That’s up to the passport control officer (or embassy issuing visas) to determine. It all depends on how closely your passport stamps are inspected. That can vary based on the time of day you enter (late at night officers tend to be less diligent), the person in front of you (what passport did they have and if it took a long time), along with your passport and what you look like.
You’re best bet is to never overstay a tourist visa and find out the requirements that apply to you by checking out the specific country’s embassy website. That’s the only way to guarantee you won’t be denied entry with another valid tourist visa or encounter problems based on your previous negligence at the border.
[photos by: jaaron (passport stamps), t0msk (baby holding passport)]
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hi there i am a uk citizen and last year on may26 i traveled to visit my family in the states on the visa waiver thing for 90days. upon my arrival to the states the officer told me i had to leave by the 24 of august and on my itinery i was due to leave on 26august. So i stayed for the 90 days and went to baltimore imigration to talk to one of the advisors and they said i will be ok since i only stayed for two days and also since tht was the day on my itinery. i am planing on going again this summer and i was wondering if this will be a problem as i left on the 26th instead of 24 of august.
Any advice will be appreciated. thanx
Possibly but not very likely.
Hi Aneil . I overstayed my tourist visa for many years . I live in US .i didn’t go back to my country . I want to visit another state in the US by airplane . Will that be a problem at the airport if I travel with my paspoort or will it raise a flag and get deported ?
I don’t think so, they’ll only use your passport for identification purposes but I’m not entirely certain.
Hello all,
I am a Canadian citizen and am in South Africa on a visa for charitable activities. I asked the South African consulate in Toronto if there was an issue if I left a few days after my visa expired and they said there is a generally a leeway of a few days for something to leave the country. I have contacted them again to get this in writing as my South African colleagues said this might be an issue.
They now refuse to acknowledge that anyone in the office told me this and said I must go to Home Affairs to get a confirmation. My visa expires on Jan. 15 and I leave on Jan. 16… ONE day! Is this going to be an issue? I’ve had some terrible luck with authorities here and the last thing I want to happen is to be pressured into a bribe at the airport.
It *could* be an issue but at this point there’s not much you can do about it. Hopefully you get a kind official at passport control.
I cannot find the visa price for my 18 yr old daughter to volunteer in the USA for over 90 days (approx 122 days). Does anyone know the cost and which category it is ??
many thanks
Call your local embassy.
hi..good evening.im from Philippines but now im here in paris but i’ve just want to go home now in the Philippines but my visa is expired for almost 6 months but my passport until 2015 and i dont have papers.What will i do to go home now because someone said to me that when i go to the immigration there will be so many question about my visa because i went to vienna coming here in paris by train.and someone said to me that pulis will take me and then my lagage,my shoulder bag and my few money they will take it and i dont have nothing to bring to go back home..pppppplllllsssss…….help me pls……im afraid so much….
You’ll likely face a penalty on the way out and potential ban.
I have a friend she is a US citizen and she overstayed her tourist visa for about a year. She traveled the Europe and went back to US from Switzerland a couple of days a ago. On the airport she was pulled a side and asked why she overstayed of course she knows nothing about the laws in Europe and EU. So the officales on the airport told her what she actually did and of course she got scared and start crying, now she didn’t get fined and she was not banned she kind of got of with a warning i guess. But the thing is that in that year of travelling the Europe she actully left the Schengen borders so she technically left the Schengen but she was never stammped because those people sometimes stamp you sometimes not and she never asked for a stamp because like I said she didn’t know that is a importent thing she just thought she can’t stay in one country more then 90 days and now there is no proof that she actually never overstayed. She wants to come back in switzerland in a couple of weeks but because of the laws in Europe she was told she has to stay outside of Schengen for more then 3 months. Is there any way she could go back in couple of weeks without any problems or is that only possible after this 3 month period? is her name in some kind of border computer now? was her passport maybe in some way scanned and put on some warning intruder list?
MANY THANKS
If she was told she can return after 3 months, I would go with that. If there were a ban or anything similar, she’d be given some documentation and her passport marked.
i apply as tourist visa for 90 days to visit a friend schengen visa but accidentally i find a job there. posible for me to stay? i mean how to become legal in that place for example in germany? they will hire me as direc hire.
i am from philippines
No, you can’t work on a tourist visa. Talk to the place you’re working or get the proper visa before staying.
i mean its possible to work for visa in germanny already? i mean can i get proper visa already in germany?
Not for a Germany company no; as for the second question I don’t know.
i am an Marocan I went to the uk in 2003 with a tourist visa and and overstayed for 4 years, and in 2008 i left voluntary back to my country .and now i am us citizen… My question is I’m planning to go back to the uk to visit family just for a weeks it will be almost 4 years since I have left. Will I encounter problems at the border? What can of advice can you give me before heading to the UK ? Will I have to apply for clearance visa to the UK. Any advice will be appreciated. thanx
It’s possible but the chances you’ll face problems are very slim. They’ll likely ask if you’ve been to the UK before; it’s a question you should be prepared for.
My wife and I are in Spain. She is here with a student visa and I have overstayed my 90 day tourist visa (mea-culpa). What can we expect as we leave for our return to the U.S. in May? I qualify in every way for either a retirement visa or the Spanish “non-lucrative visa” and have most of the paperwork to prove it…should I just show up at the airport and hope for the best of make an attempt from here in Spain to atleast begin a visa process of some kind? I’m willing to pay a fine but would like to avoid any long-term ban…thanks for your help and informative web-site…John
I believe you cannot apply for the residence visa (if that’s what you’re looking for) from inside Spain, but call the US embassy to double check. May is still 4 months away so you’ll have a long overstay increasing the chances of a fine and/or ban of some length. Once you overstay, there’s no definite way to avoid either. At that point it becomes a matter of luck and depends quite a bit on the official checking your documents at passport control on the way out.
Thanks for your prompt reply! As of today, and in your opinion, what are the most the most “sympathetic” airports of departure in the E.U. for someone in my circumstance? Also, on an unrelated note, are there “border checks” between say, Spain and France, France and Italy, and Switzerland where I would have to show my visa (which, with some scrutinization (sp.) would reveal my aforementioned overstay) ? once again, thanks for your reply, John
It’s hard to say. Typically not leaving from the country of your overstay helps and southern Schengen nations tend to be less diligent; but it varies greatly so there are no guarantees.
Also, there aren’t usually border checks between Schengen member states but it happens rarely. Chances are your passport won’t be looked at when you travel across a border within the Schengen Zone. Here’s a recent article I wrote that might have more information you’re looking for as well:
http://foxnomad.com/2012/01/27/what-is-the-schengen-zone-and-how-do-schengen-area-visas-work/
Okay, so I in Spain with my Tarjeta de Identidad Extranjera (green card) right now, but it expires at the end of May. I really want to travel around Europe for 2 and a half weeks after it expires before heading home to the US. I hear that in Spain, they usually give you about a 2 week leeway on this, but I’m curious to see if I’ll have any problems going between the other countries in this time (Ireland, Italy and Germany). I will have left the Schengen territories within a period of 3 months before this (for a weekend).
I’m not sure honestly, I would call the office that issued your visa documents.
Hi there,
I’ve been researching this a lot recently as I’m also in Spain. From what I’ve read, avoid Germany and Switzerland at all costs. And there’s a good chance that the UK won’t allow you to enter. Italy should be fine, however.
I am traveling in the UK from the US visiting and have been stamped for 6 months in my passport. Am I able to leave the UK to travel to other countries and come back to the UK or will I be denied entrance back to the UK once I leave?
It depends on the specific visa tier you’re in but generally yes. Here are some links where you can find the answer or appropriate contact:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html#entry_requirements
I’m technically not on a visa. I’m just stamped as a general visitor. The only statement that I can find says you can come to the uk if you can prove: you are not in transit to a country outside the ‘Common Travel Area’ (Ireland, the UK, the Isle of Man and the Channel Islands).
I’m not sure I understand your answer, you said yes but do you mean that I will be able to leave and come back or yes, I will be denied at the border.
Thank you very much for your insight and time!
Am an American leaving the schengen but have stayed 3 days extra 90/93. Leaving on the 3rd day of overstay. Any problems?
Potentially, it depends on the officer you come across at passport control.
I will surely report back to give any feedback as to what happened(92hrs from now). Thanks writing back.
With regards.
Hi- just wondering what ended up happening to you with your situation?
Reporting back as promised. I left Poland and made my transit in Germany. I got to Munich Airport immigration. I looked at all the officers faces and i prejudged almost all of them before approaching. Some seemed serious than others. I got to this immigration officer then smiled, said good morning and he replied as well. I gave him my passport, he looked at the dates and just put the stamp in it. “Thank you” i said and that was it. No stress and or hassle. It all depends of the officer as i was told. Some pay more attention than others. The longer you over stay, the more they will pay attention to you.
Am glad that i was not in trouble. Good luck to all who have overstayed like i did. The passport you are holding also is a big factor believe it or not.
Once again reporting back as promised. Let me know if you want to know more (extras)
Hey im really in need of any advice anybody please…
Im a australian Citizen and originally came to the US on a 90day visa waiver, i overstayed my visa and never returned home, stupid i know i thought my family over here could file me, but was wrong because i have no immediate family only aunts and uncles. I wish to reside in the US and wondering Im willing to hire a lawyer and pay all the fees and fill forms out but is there any chance of me at least getting a green card ????????????????????????
Any comments or reply would be helpful
The only person that can give you an accurate answer is an immigration lawyer; but yes, there is a chance.
hey, okay heres the problem with me.. i am 14 years old and i want to become a pilot. thing is when i was 3 my parents took me to the US. ok yeah maybe overstaying a few days or weeks or even months would have been ok.. but no, we overstayed 8 years.. now i know the penality is like 1 year for the first 6 months overstayed and then 5 years for evey year after.. if i did my maths correctly that means i wouldnt be allowed back in to the US for about 40 or so years. i cant wait 40 years to become a pilot.. i recently read an article in the local papers about a girl that had the same problem, and she actually ttried to reenter the US after so many years later. i never heard what happened afterwards, but i dont want to be front page because of a mistake i didnt make.. also is there some kinda exception since i am (and was) a minor, and was taken against my own will? any who please help i miss the US very very veery very very much and want to go back..
When do you want to go back, and for what purpose (e.g. work, vacation, etc.)?
i wanna go back asap, maybe for the summer or sometime nex year for vacation.. sorry about the late reply.. found this message in my junk mail>
The best path is probably to apply for a long term visa.
you think that there is a chance they would approve it ?
I don’t know what the chances are unfortunately; a lawyer could tell you with more certainty.
hmmmm, ok i will tell my mom… i was thinking to do this.. m birth certificate has no name on it.. so if i my mom changes my name, swear affidavit. and because i need a new machine readable passport, go get one with my new name, apply for the visa with the new name.. would that work? i know it sounds shady and bad but do you think that’ll work? btw i live in trinidad and tobago
I’m not sure if it would work and not sure if that’s even legal. Also, it’s a huge and expensive risk if it doesn’t work.
i overstayed my visa in the U.s 2 years, went back to aus about a year ago, just went for an ESTA and got approved. whats the go with that? will they let me in?
The ESTA is not a guarantee of entry nor a visa. It’s a pre-approval. If you are worried about entry into the US, you can apply for a travel visa at the embassy prior to your arrival.
how will they figure out the difference? i got a new passport over there and nothing was stamped on my way out. no one said anything to me on entry to aus or leaving the states, i am married to an american with the marriage accepted by them.
They didn’t stamp your passport? That is unusual; though likely it’s been entered into their computer system. It’s not too difficult for them to know really.
it was late at night when i left and the guy just breezed over it pretty much took it off me then really didnt even look at it and handed it back, i was stressing thinking i was gonna go through all this stuff but nope nothing happened..
i was blown away.
as i travel alot.
got ESTA yesturday wanna go back today.. waiting on visa stuff will this hurt my case?
thanks for your assistance..
You want to return to the US today? Then you can take the risk. Otherwise, if you have time it might be worth considering the visa application; though that takes weeks.
i m looking at another 12 months of visa stuff if i wanna see my wife over there again..
what do they do to you if they do catch you?
Possible fine and/or ban. In your case it seems like a long-term visa is a logical path. Good luck.
how big of a fine are we talking?
sorry to hit you with all this, but your replying and i have questions, thanks.
and wouldnt i already be banned?
You’re lucky, you caught me at a good time today
http://foxnomad.com/2012/02/03/im-taking-my-first-vacation-see-you-in-two-weeks/
The fines vary and exact figures aren’t posted. I believe it’s $250 and up. As for the ban, you can be denied entry upon arrival and then levied the fine and banned. It is difficult to say for sure since there are no cut and dry practices with this process (that are public anyway). It depends on the passport control officer you come across. You could have no problems, you could have some. If you’ll be going in and out of the US often though for the foreseeable future, a long term visa is your safest bet.
hopefully their nice ones i come across.
thanks mate.
i see you said public, what are the non public ones? i wont tell anyone..
Haha, I wish I knew! Good luck
i ll just try late at night.. or early in the morning..
I am a student at UCLA and I am doing research on immagration. I can’t seem to find an answer to a particular question. Perhaps I can ask you. If 2 people from the same family of the same address in their foreign country enters the US on visitor visas and one over stays without extending his visa but the other did extend his his. If the one who legally extend his visa leaves and return to the US, will he he questioned since both people shared the same foreign address on the passorts?
Questioned? Possibly.
For other details a good place to call would be the CBP (US Customs and Border Protection).
passports dont have addresses, trick question..
Passports don’t but visas for many nations often require them.
hai.. firstly i hope i am writing in the correct box, secondly Here’s my dilemma.
I am a British citezen, and i decided to go to holland to be with my partner… I am defonatly not a bright person and did not completley know about the whole only being aloud to stay 3 months, i was told it was okay to go without a visa because england is a EU country.. I actually didnt plan to stay there yet but i did want to live there infact i just wanted to move away from england completly.
But after so long we finaly decided that i was to live here [ in Holland] perminantly for atleast a couple of years till me and my partner could move to a english speaking country like ireland or something.
So me not being the brightest person asked my partners mother to help out with all the legal stuff, this was a couple of months after i arrived in holland allready having overstayed not knowingly, anyway she said there were 2 ways for me to stay one was the whole visa thing the other was something else to do with my partnet being able to look after me and im actually not sure exactly what it is but then apparently its okay for me to work here
and after a year i got some papers and some kind of insurance number.
i did ask when i received the official paper does this mean i can work here, they said yes. and to get it they did take my passport away for a week but i have no idea if they scanned it because i didn’t get a stamp when i arrived in Holland they just scanned it into a computer.. and i have not once returned to England
its almost been 2 years since i arrived now and finding a job isn’t that easy and the language is hard for me, as i said before i’m not the smartest person :/
and my partner is struggling to pay for me and himself and we’ve come to the conclusion that if i don’t find work by July to Halloween then i am to go back to England and just live there and we would have to manage a long distance relationship… and i was watching shows like locked up abroad.. and there was a guy who had to pay a fine for overstaying 2 days allot of money :/ and then i started thinking i was here over a year before i got permission to work here does that mean i overstayed too
and looking up this 3 month issue it seems i did actually overstay by allot…
and now i’m terrified >..<
i hate being such a stupid person and im so sorry for what i've done.
i know i have written allot but to sumerise
English girl
Went to Holland april 2010
stayed living with partner and or his family.
July 2011 got a UITREKSEL GBA
which has a BSN number on it. it also has my new address to which im registered and a big stamp.
Haven't found work so might need to return to England.
Can not afford to pay any fines will i go to prison…?
this is stressing me out even more so because time is going fast and its my birthday soon
Talk to an immigration lawyer, you situation is much more complex than a simple travel visa overstay.
okay ive been talking it over and over with my partner and his mom
and ive comfirmed that if there was a problem with the fact i overstayed then i would of been deported straight away and had to stay away before i could return to actually live here.
The only thing im not aloud to do is get marrid i need a stamp from the place i was born
which i can obtain through teh british embasy or i could simpley travle back and get one
And i defonatly remember being told that when i got the paper with my bsn number
its just i got so scared from watching a tv program >.<
also i have a interview for a job which is also good news so i wont have to go back to england anyway
sorry for bothering you and thank you for the fast responce
i useually over react with these things :/
No problem and happy to hear you’ve got things sorted.
if you are aUS citizen and you wanna fly to turkey can you go over the schengen country.even though you can not enter the schengen because you maxed out your tourist visa stay
Go over? As in layover in a city on your way? So long was you don’t go past passport control in the airport you’re not technically entering the Schengen so it won’t be a problem.
jeah,jeah like connected flight i mean. could there be problems on entering turkey. i mean because i overstayed my tourist schengen visa by a lot like a year almost, i mean im still waiting for a fine so i dont know im i gonna be banned or not they just told me ill get fined for sure, but said ill probably be able to enter schengen in thre months-probably. and now i planning on flying to turkey,
thanks a lot for you help
I recently returned from an overstay in the USA. I returned voluntarily but my overstay was 6 years. I have a partner and a very loving relationship which includes a child that I would like to return home to. I am an Australian citizen with a valid passport. I am getting conflicting responses from my lawyer as to whether I can return to the US. Can someone advise if a)I will be imposed a ban because of my overstay and if so how long?b)How can I get back to the US the right way?
I would suggest getting a second opinion from another immigration lawyer who specializes in the US. Your partner can likely find someone who may be qualified in the US as well which can help. You’ve got a lot on the line not worth risking on taking a chance you might not get caught on reentry since both a fine and ban are possible.
I did not mention that I am in a same sex relationship. My partner is coming to australia with our child for summer vacation in June. We are fixing to have a committment ceremony whilst we are in Sydney and the marriage celebrant has said that even though the australian government doesnt recognise same sex marriage yet, we can still register our ceremony on the marriage register. Do you think this will help in getting me home at some point?
Not in the US as the federal government doesn’t recognize same sex marriage; though some states do, off the top of my head not a single one will let you apply for a green card based on a same sex marriage. I would suggest talking to a lawyer from the state you’re looking to reside in to double check and see what the options are.
Hi anil
I am a pakistani citizen came to srilankan on visit visa.I am actually working here for huawei and they apply for resident visa/work visa for me here in srilanka.My intial visit visa expired one and half month ago and now i am being refused to given resident/work visa.What should i do now as my initial visit visa is already expired 1.5 months ago.
Hi Syed, I wish I knew more about the specifics of such a situation. I would ask your employer to inquire further about an appeal process. Hopefully things get worked out, good luck.
My fiance has over stayed his tourist visa by about 7 or 8 years. We have been together nearly 3 years and have a 2 year daughter. Is there anyway of making things right? We both live in the UK.
Possibly; an immigration lawyer could tell you for certain.
Hi Anil,
This is Han and I am Taiwan citizen. I married to my wife in Netherland next year July and she is Dutch and my question is if I want to live in Netherland then I need to pass an exam. last year August I went back to my country to have a dutch exam, but I did not pass after I went back to Netherland. this year end of January I went back to Taiwan and try to have dutch exam again and end of April I back to Netherland. I worry if I can’t pass the exam again, so if I still not pass do you have any idea that I can stay longer ( more than 3 months )? I don’t want to 3 months in Netherland and 3 month in Taiwan. if you have any idea. thank you
You can try applying for a long-stay (1 year visa) but that would only be a temporary fix.
Anil, thanks for the reply. you sure in Netherlands there have a long-stay visa ( 1 year ) without exam? because I tried to talk IND and lawyer and both them dont talk about long-stay visa only say the only way I want to stay longer is pass exam, so if like you say I can trying to apply long-stay visa then it is a great news for me, because I get enough time to learn dutch there ( of course without going to school ).
I’m not sure, each country has their own specific requirements. Also, the long stay visa is only 1 year typically, so you’d still have to apply for residency after the year as far as I know. That said, I’m not an expert on this topic or your situation; try getting a second opinion from another lawyer to see what other options may be available to you. That way you can get the most accurate information. Best of luck.
Anil, thanks again for the reply.
If I want to have long-stay visa in Netherlands then I still need to pass the exam which I did already and will do again in March, because my wife talk to IND in Netherlands and officer say so.. if I know Netherlands is so difficult country then I am not choose to live there. I live there is because my wife ^^… anyway Anil thank you for help.
Best of luck Han, I hope it all works out.
I’m from the US, currently in Spain on a 6-month student visa to attend a language immersion program. It expired in February, but I’m still attending classes (I purchased more weeks of classes than what was initially paid for to get my visa). I don’t plan to return to the US until June. My dilemma is that I’m looking to possibly do this auxiliar-type program to teach English in Madrid this September, so I would need to get a year-long student visa back in Chicago once I get home. How will this overstay affect me?
I’m not sure; maybe you can talk with the school to see if they can give you any assistance in your case. That’s probably the best place to start if you haven’t done so yet.
Hi I’m from N’Ireland and 14years ago I overstayed my US holiday visa by 6months, stupid thing to do, I know that now…But I went home of my own will. Now I want to take my family on a package holiday to Disney world but never thought about the overstayed visa when I was booking it:(, Would I get stopped when I get to the airport on the other side? or would they let me and my family take our holiday? can someone please help me as I am worried sick.x
There may be a statue of limitations; dig through this site, it may have the information you’re looking for:
http://travel.state.gov/visa/
Hi i’m a British/NZ citizen and hold passports for both countries, from 2007 till 2009 (just over 2 years) i overstayed my tourist visa on my British passport. On leaving my passport wasn’t stamped and after checking in, clearing security and waiting at the gate i even changed my mind about departing and was allowed back through security and into the main airport, i could have freely left the area.
That was three years ago. I would like to know if the ban i’m facing is for 10 years or possibly life? I never worked illegally, lived off my life savings and have no criminal record, buy im sure this makes no difference to a possible life ban.
Later this year i am visiting Canada and am wanting to cross the US border to see where i stand. My NZ passport has been approved for a ESTA and i will be travelling on that passport the entire time. My main concern is this, if i am currently facing a 10 year ban (now 7 years) if i try to enter could i then have that reset to 10 again or worse face a life ban, and also, will my refusal of entry amount to a deportation in which case i may have trouble in the future entering any other country including Canada where i now have family.
Any advice would be kindly appreciated!
Regards
Are you a citizen of England? You can’t overstay then, although I’m not sure how using the other passport would affect the situation. Am I understanding your situation correctly?
Please could you help me with a situation i am in involving the overstaying of my visa.
I travelled to USA from UK – last year (I am a British citizen).
I had a 90 day tourist visa – beginning in April and expiring in July. I got caught up on road trips and music festivals, so didn’t actually leave until a few months later in November….
I was expecting trouble or questioning at the airport as i left USA, but nothing. No stamps either in my passport.
Now i am back in UK – i wish to holiday in USA this year, but don’t know what to do?
I have been reading about a 180 day rule (which i didn’t break). But am concerned to apply for a visa for travel through ESTA in case they trun me down.
I assume all information will be on my passport.
What should I do?
I really want to return to USA, but don’t know who to talk to.
If you could shed any light, it would be much appreciated.
Many thanks – Tanya
ESTA isn’t a guarantee of entry but will let you know if you’ll need to go through a full visa application. If you’re worried, apply for a longer term travel visa at the embassy to confirm you can get in before booking any tickets.
PS – do you think i will be barred from reentering USA? Do you think i can explain my circumstances when applying for a visa? Do you think i should not?
It’s possible; but I’m not sure how likely. I wouldn’t mention the overstay unless you’re asked on any applications though. Be honest but don’t volunteer information that’s not requested of you.
Other than the 90 day stay – what type of travel visa could i apply for? And from whom? How do you know so much stuff brother?!
For visas check: http://travel.state.gov/visa/
As for knowing quite a bit about visas, well I travel for a living and make it a priority to research the topic
Thankyou brother…
Anil – i just read this. What do you think? I’m reading contrary info all over the place?
Typically, if you overstay your visa for more than 180 days you will face removal proceedings to be deported from the United States. Additionally, if you overstay for more than 180 days but less than one year then you will be inadmissible to the US for three years beyond that time and if you overstay for one year or greater you will be inadmissible for ten years. If you overstay but not more than 180 days you must leave the US but you can apply for a visa to return immediately. There are a few exceptions but they are found in only a small number of extreme situations.
Is that off the official site?
i found it here; http://resources.lawinfo.com/en/Articles/Immigration/Federal/overstaying-your-visa.html
Go by the official government sites only and call the embassy if you have any questions. The best way to find the most accurate information.
should i call the UK or the USA embassy?
US.
Hi,i’m a 17 years old that came to the US when i was 13 and a half , i was sent to the US because my mother told me i was only coming to this country to visit some family , thing is two weeks later past and when and i told my mother i was ready to go back home. She told me that i wasn’t going anywhere that i was going to stay in America and finish my education.
To go to the point i been in this country for almost 4 years my visa expired about 1 year and a half ago , there where times when i told my parents that i wanted to go back home because i wanted to come here in the future, right now i can’t get a job and i’m officially a high dropout (you know because i don’t have papers and i’m illegal) my parents are thinking in sending me back home but i’m afraid that if i leave , i won’t be able to come here for at least 10 years or even forever.
My question is if i leave would i be able to be aloud back in the country? or maybe would i be able to come back here with a Student Visa? i really loved this country and if i go back home and everything works out for me i wanna be back maybe in the future but can’t it be like and exception for me because i was taken against my own will? you know i was a kid that have to be where their parents go even though i refuse? Thanks you for your time
Hi Rasheed, I’d really like to help but in your situation, you should really talk to an immigration lawyer. They’d be able to give you the best advice. I hope things work out for you, sorry I couldn’t be of more help.
hi there,
i over stayed in south africa for a period of three months. when i left they charged me 300 dollars if i wanted to return to the country. i was on my way to the uk to spend some time with my family and the uk customs officer noticed the over stay and refused me entry. he then put a cross sort of a symbol on my visa and later deported me the next day. now what does this mean? am i banned from the uk or do i have to apply for a visa before entry? im currently in nairobi kenya and they almost refused me entry because of what this uk officer did to my passport. please somebody let me know anything! my email is [ED: removed email address]
btw im a USA passport holder…thanks
Call the US embassy closest to you for guidance.
so would you say this is a case you havnt heard yet or you just dont know nothing about it?
The specifics are important; I can’t help beyond general information. The embassy can help you out best.
hi Anil. i am italian, i came in the us as a turist three years ago and i overstaid, for two years and a half. i have business activity in europe and i wanna open something here too, is there anythin beside getting married i could do to have a visa and get out of my alien situation?
I’m not sure honestly, I would talk to an immigration lawyer for your case.
….In 2005 I had my daughter in the USA I had over stayed 3mths due to difficulties with my pregnancy in 2008 I went back to the USA I gained entry but when I went to take a trip for xmas in 2010 I was denied entry..I wasn’t told how long before I could travel back again is the reason for that I can’t? And if not how can I go about getting back there my daughter doesn’t know her fathers family and I wouldn’t want her to miss out on meeting them….any advise would be truly great full.
Thank you
I wish I could be of help, I would contact the embassy and see if you have get a visa prior to arrival.
Hola soy Guatemalteco, en el 2005 viaje junto con mi abuela a Miami pero ella a los 4 meses de estar alla se sintio mal de salud y tramitamos una extensión de visa por otros seis meses, yo regrese a mi país una semana antes que venciera el permiso y ella regreso mucho antes. Luego en el 2007 fui a tramitar mi visa y me la negaron aun llevando todos los documentos. Hoy estoy casado (mi esposa tiene visa), tengo un hijo, trabajo, etc. Nose si habré cometido algun delito por mi estadia larga alla y que probabilidades tengo que me den la visa de nuevo…gracias
I wish I could be of more help but it seems your situation is well beyond basic travel visas. Talk to a professional for your situation; best of luck.
my one friend was at london on student visa she overstayed for 3 months at london now she is at india now she want to apply visitor visa for uk its any chance to get visa ???
reply
There is a chance yes. What that chance is I don’t know.
Hey Anil. I wrote to you 3 months ago about my Leap Year woes, not being alerted to the extra day in February and how consequently I would be overstaying. Since I plan to immigrate pretty soon, I decided not to risk it and did my best to get my ticket changed. After 3 weeks of stress and £112 more, I managed to have my ticket changed to minus one day.
I said I’d get back to you after my trip, but sadly I don’t have any real information since I didn’t risk the overstay. I have too much to lose, wanting to live in the states with my wife-to-be, to risk having the embassy scrutinize me for overstaying one measly day. Better safe than sorry, right?
Thanks for your advice the first time I posted.
I completely agree, why take the risk if you don’t have to? I’m glad to hear everything worked out and really appreciate you following up with me. Thank you again and I think your story may be useful to others who are asking the same questions!
Hi,
I have a British passport and am currently in South Africa, i had a Common law Wife visa it expired in Feb, i went to swaziland and came back into South africa, i thought as i have a british passport i am allowed to stay for up to 90 days but the stamp says only 30 days. Is this correct?
What will happen if i over stay my touist visa and only go back in Mya instead of April?
Thanks
Call the UK embassy there; they’ll have the most accurate information for you. Good luck.
hi,im here in australia,got a multiple entry visa for 1 year…i didnt aware that i must leave every 3 months,i got my return flight on june but my 3 months stayed will due this coming 23rd of march.
What is your question?
what if i stay longer for 3 months before going home,should i allowed to come back using my current visa coz i have a multiple entry for 1 year or til xmas time.
Call the embassy that issued the visa or check the penalties on their website for violating the terms.
My sister overstayed in the USA, she’s from Egypt. I am trying to apply for a visa and they are asking if I have any relatives in the USA, I am not sure if U should write her name, I am afraid of getting rejected on this base. What if I didn’t write her name will they find out the connection
Best advice I can give: call a good immigration lawyer. They’ll be able to answer your specific questions in detail. And accurately in what can be a complicated process.
anil – how do i unsubscribe please brother?
There is an unsubscribe link at the bottom of the email notifications you’re receiving.
Dear Anil and hello everyone,
I have a situation where I have been served a IS151A form when I was leaving the UK. I am a Malaysian nationality and I came to the UK on the 3/10/2011 from Rep of Ireland (my visa was a student visa and it expired on the same day itself) for visit. When I came in to the UK I haven’t gone through the Immigration and get my passport stamp as a visitor. So I thought that was ok and as far as everyone said you can stay in the UK for not more than 6 months. So as I heard about that, I decided to tour the country and visit my friends here. I bought a flight ticket back to Malaysia on 23/03/2012. Then when I was about to leave the country the Immigration officer said to me that I was overstayed for 2 months and I was shocked and asked the officer wasn’t it I am allowed to be here for 6 months? The officer replied, ‘no if you come from Rep of Ireland, you are allowed to be here for only 3 months’ . I was shocked and I said ‘I am so sorry and that was my honest mistake and I didn’t mean to overstayed’. Then the officer served me with a IS151A form/letter and the officer said I might have a problem when I am about to enter the UK again next time.
My questions are;
a) From my situation above, can you please explain to me will I be having a problem to enter the UK again in April/May 2012 for 2/3 months visit as a visitor as I am planning to look for a University or College to pursue my studies? If yes I am going to face a problem, what is the least and worst case scenario the UK Border could do to me?
b) Will I be having a problem to a apply a student visa for August/Sept 2012 intake from home once I have found the University/College?
c) If I can’t enter the UK as a visitor and as a student, is there any chance for me to appeal?
Regards,
Blur&Lost
I really can’t say, the only way to find out if you’ll be denied the student visa is to apply and see what happens. Good luck.
Gentleman,
I am from India and presently in Egypt. My 3 months tourist visa is going to expire soon. Can I stay 5 days more after my Tourist visa expire to visit some more touristic places. If YES what formalities I need to do for hassle free travel back to india.
Regards,
Prashant
what are the penalties for the student that register his Name and passport to college in Malaysia going to 2 years now the approval haven’t come out and the person is trying to go back to his country ?”
Hi Anil, my situation is i am an Australian citizen currently living in Spain on a 90 Tourist visa. I have recently found work here, and intend to stay in Spain until i go home to surprise my family for two weeks in October. I am aware that what i am doing is wrong, however i am wanting to if i will be able to return to Spain once my holiday in Australia is over. To complicate things more, i still have a valid two year working Visa for the Uk which does not expire until December.. will that make a difference at all?
Any advice would be greatly appreciated!
Have you looked into getting a 1 year residence visa? Or perhaps your employer can do the process for you – or at least be of some help in the process.
Hi Anil,
Thanks for the info/responses, very helpful. First of all I am an Australian citizen and I have been living in Sweden (interspersed with trips into other Schengen countries) since October 2011. Prior to my initial 90 days expiring I applied for and received a 3 month Visitor Permit from the Swedish Immigration Office. Now this expired recently and I am unsure what to do, as now I have been here over 180 days (the permit expired after the 180 day period). I have to stay an extra month as I am trying to sort out a working visa in another non EU country. My queries are as follows:
1. Does a new 180 day period automatically ‘kick in’ and I can stay for another 90 days on the Schengen visa or do I need to leave the Schengen area for this to re-apply? I did take a visit to the UK and returned on day 162 of 180 (not sure if that really changes anything.
2. Assuming option 1, is invalid. Would I have to leave the Schengen region for my new 180 day period to apply? And is it at the discretion of this ‘visa’ at the discretion of the border officers at the airport?
I think that is everything. Thanks for your help in advance.
Regards
Tim
Hi Tim, you generally should be able to find out the question to #1 on your visa documentation. I would call your (Australian) embassy in Sweden or if possible stop by to ask. I’m not sure about the longer stay visas and don’t want to tell you something inaccurate. Typically after a visa expires you have to leave a country before reentry, even if you haven’t used the full allotted travel visa allowed for your citizenship. Your embassy can tell you for sure.
Good luck!
hi,i’m a student visa and i overstay here in uk for more than 2 years,i’m planning to go home to my country and apply to other country,is that possible?do i have to change name? thanks
There are so few details in your comment I don’t know how to respond. Either way, it’s well beyond travel visas and am afraid I can’t be much help.
hi
my name is Joe. I visited the US last Aug 17 2011. i stayed there for 90 days. On my passport it said that i was admitted until the 15th of November 2011. I was supposed to leave on the 14th but i missed my flight. So i left the following day back to the Netherlands
I am going back to the US in a few weeks…
i was wondering if this will be a problem for me when i enter the US again..
Hi Joe, technically it could be a problem but it’s very unlikely it actually will be one. Good luck!
hey anil,
alright, but do you think i should take any special actions like to get a visa before leaving?
or do you think the boarder patrol officer will give me a hard time?
thanks
Getting a visa prior is an option but in all likelihood, not a necessary one. Though I don’t want to discourage you if it will alleviate your anxiety; but if I were in your case I probably wouldn’t go through the trouble.
How tough border patrol is depends very much on the person you get. But a 1 day overstay due to a missed flight isn’t likely to raise eyebrows.
hi anil,
well i already purchased the ESTA and it went through.. does esta also keep a record if ur approved or not to obtain an ESTA?
because i read in one of your previous comments that ESTA approves or denies entry to the US..
glad to hear from you.
I’m not sure but I would imagine there certainly is a record. From what I understand of the ETSA, it doesn’t guarantee entry but a denial would mean a visa is required beforehand.
hi anil,
thanks for the info. i also checked out some other sites about overstaying your visa. on that site i saw that to forecome overstaying your visa, you should leave ON or before the expiration date so that sounds good already because i left ON the expiration date.
Glad to hear it and happy to help. Have a great trip!
Hello Anil,
Love your site. You have a lot of great information. And now here’s my problem: I am an American who flew into Zurich to live with my boyfriend and find work. I haven’t found work as of today and we are considering marriage. I never left the country after my 90days in hopes of getting a job soon. I plan to leave soon because I understand my overstay could effect our marriage and future in this country. I understand flying out of Zurich back to the US is a NO along with Netherlands, Germany, Greece and the UK. I found a flight from Poland to Chicago that would be easier (and cheaper) for me to fly back. Do you know if Poland has a lax border control? Or should I try to fly out of CDG. My flight itinerary would be Zurich to Poland then Poland to Chicago. Do you think this might work for me not to be detected by border control?
Thanks in advance!
Coco
Hi Coco, have you spoken with an immigration lawyer? I would do that before leaving the country to find out your best course of action.
Why do you advise that? I just curious…
For several reasons but the main two being – 1. you may not have to leave the country and 2. they will know exactly what the best course of action to take in your specific situation is.
what happens to a british person who has gone to america to get away from everything and everyone and has stayed to long ( 4 years ) and is now scared to come home . ? will they go to prison ?
Prison, extremely unlikely. Fine on the way out? Possible.
Hello,
I am a native US citizen and traveled to El Salvador with a tourist visa. I’ve over stayed for about 3 years now, things have kind of went well here I’ve opened up a business and am now engaged. What can I expect when I re enter the US?
Nothing, you’re a US citizen, they don’t care about your overstay somewhere else. Now leaving El Salvador, that’s another story. I’m not sure what fines or penalties may be involved…
Hi,
I am Turkish and my mother is Turkish too. I am going to do my master to London from Turkey. My mother has UK tourist Visa which is remaing 3 years and she will travel and live with me like 10 months. Should we tell officer on passport that she will visit 10 months or if we say less than can she stay longer? She is not only going to stay with me. I have english cousin there. She will visit her too. Waiting your answer. Thanks
How long is very visa term? It’s not a 3-year travel visa it sounds like but it is good for up to 3 years? Let me know and I can perhaps give you some better advice.
Türkçe’de devam etmek isterseniz lütfen çekinmeyin.
I mistakenly bought a plane ticket to Italy over 90 days, 2 days over. I am very concerned as to what is going to happen when I get to the aiprort ????????????? am I going to fined, jailed or what ???????
I am an American citizen, visiting my son aho is in the US Army in Vicenza, Italy. I mistakenly bought a plane ticket to Italy over 90 days, 2 days over. I am very concerned as to what is going to happen when I get to the aiprort ????????????? am I going to fined, jailed or what ???????
On the way out there is a small chance you’ll face a fine; don’t worry, jail time isn’t a possibility! If you’re asked on the way out about it simply tell the truth and your story, otherwise be thankful you weren’t asked and have a good flight home!
Merhaba ben Master yapmak için gidiyorum Londra’ya annemde turist olarak gelecek. 5 senelikti vizesi ve suanda 3 sene kaldı. Kuzenlerim var onları ziyarete gelip gidiyordu. Bu sene 10ay gibi bir süre kalmayı düşünüyor benimle birlikte kuzenlerimizde ziyaret edecek.pasaport kontrol de ne dememiz gerekiyor 10 ay mı yoksa az mı?az dersek ve uzun kalırsa sorun olur mü?ne yapmamız gerekiyor?ilginiz için tesekkurler
Selam, ben sizin yeriniz’de olsam daha kısa bi süre söylerim sorarlarsa pasaport kontrolda. İngiltere’ye giriş yaptıktan sonra ordan vizeyi belki uzatabilirsiniz ve onu tavsiye ederim. Umarım sorun çıkmaz size.
Merhaba, zaten vizesi 3 yıl kaldı ve sadece 10 ay kalıcak. oyuzden dediğiniz gibi kısa süre soyleyebilirim vize uzatmamıza gerek kalmıcak. Teşekkürler
I am an Australian who has overstayed for almost 2 years. I have stayed here with an American girl who has been legally studying at University. I wish to travel to the US with her prior to returning to Australia. Will I have a problem entering the US since I have an overstay in the Schengen area? I realize that I may have a fine or ban here – but how does that affect a 30 day visit to the US?
It never looks good to have an overstay in your passport but it’s unlikely a Schengen overstay will cause you problems entering the US as an Australian citizen.