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.

passport stamps

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.

cultures of bordersCultures of Border Control: Schengen and the Evolution of European Frontiers

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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.

baby holding passportYour 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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  1. Will says:

    Hi. Nice site. I’m considering deliberately overstaying my Schengen visa in France for an indefinite period. When I eventually leave France, I can cope with not being allowed back in if that’s the case, but I’d be interested in knowing whether to expect a fine before I’m allowed to leave.

    A second question is whether I’ll be required to present my passport and visa when I book into hotels.

    Any help would be appreciated. Thanks in advance.

    (-1)
    • Anil Polat says:

      Yes to the first and maybe to the second.

      (4)
      • Will says:

        Damn. Another romantic fantasy trashed. But thanks anyway.

        (1)
        • Tess says:

          They will check your passport, or some kind of ID (sometimes they’re ok with just my driver’s license, if it looks like it’s going to be hard for me to dig out my passport), but they do not go through it and check your stamps and calculate how long you’ve been in the country. I’ve never had any hotel or hostel look past the first page of my pasport. The only time besides at immigration where they might check is when you’re on an overnight train—once from Milan to Paris they took my passport at night and returned it in the morning, and I imagine they checked the stamps, but not sure.

          (1)
  2. Steph says:

    Hello i’m wondering what immigration will ask me when i arrive for my 2 week holiday in the uk. i’m from the usa.

    (0)
  3. Only after I booked and loosely planned out my 4 months in Europe did I discover the Schengen agreement! Thank goodness I caught it in time though, because I’ve already found a house-sitting gig in the UK that will address my required month-long absence so I can stay under the 90 day rule.

    But interestingly, it was like pulling teeth to find out more about the Schengen zone rules once I discovered they existed. I’m usually pretty good about researching these things, but this one was not well-known. No wonder people overstay all the time!

    (1)
    • Anil P. says:

      Even on individual visas (like the Irish one for example) it says you’ve got 90 days in the country, but makes no mention of the Schengen. Also, the don’t seem to scrutinize the visas too much depending on the passport you’re carrying.

      (1)
  4. amit says:

    thanks that gives me a lot of comfort !! will update the forum soon .

    (1)
    • Anil P. says:

      Cool, good luck!

      (0)
      • amit says:

        Hi Anil ,

        Thanks again !!

        I got out without any isssues rather the guy didn’t even once look @ me after taking my passport !!

        I am not sure if if put it via any reader or not but he did stamp it ” Out date ”

        I have another question for you ” Will it be issue to apply again for a new Visa to be back , I also have to soon apply for a work permit in Madrid ” .

        Will my error cost me ?

        Really look forward to your reply

        – Amit

        (0)
  5. Julia says:

    Anil
    I need to know what would happen if I crossed into USA from Canada with my Visa pending at the American Consulate in Montreal.Its going to be about 3 months before my interview can be set. Will this affect my Visa ?I own a home in the states and need to be there for financial reasons.
    I hope you can help me out
    Julia

    (0)
    • Anil P. says:

      You’re applying for permanent residency? It should say on the paperwork whether or not you can enter the US prior; though I’m guessing not.

      (1)
      • Julia says:

        Yes , for the K1 Visa I believe..where on the paper work would that be found ? Our lawyer has all the info.
        One lawyer has said its ok to cross,and our lawyer is saying no, not to try cause it will affect my case if I get red flagged. The other lawyer said that as long as I had proof of reason to come back to Cnanda , then it should not be a problem.
        Im scared to try, but I really cant handle waiting anymore . It has been almost a year now.

        (0)
        • Anil P. says:

          You lawyer should be able to tell you absolutely whether or not you can leave the country in your present situation. That’s why you pay them that much money; sounds a bit like you’re looking for the answer you want to hear. Get the definite regulations and rules – from there it’s all your decision. Good luck.

          (1)
  6. Yogesh says:

    Hello, My friend is staying in USA since 5 year with his brother and she goes on tourist Visa for 6 months which is expired and his brother file the case of it. now she is working ?? my question is. Is it possible to stay on tourist visa ??

    (0)
  7. Sarah says:

    Hi,
    I want to goto UK with my us passport, i am holding a visa, but my daughter who is 3 months old she have to go to uk with tourist visa in US passport. On our vacation, my daughter might overstay another 2 months in UK before we leave the UK.

    will it be any problem? do we allowed to enter again to the UK later in her life? what happens if her visa overstays?

    because my husband works there, so we planned to leave the country in 8 months, but she will get only 6 months in tourist visa. so please help. Thanks

    (0)
    • Anil P. says:

      Why not see if you can get her a visa before entering?

      (0)
      • Sarah says:

        Yeh, But it’s costs alot. almost $1000 to get the visa.

        Want to ask you. do I can do like this.
        If I take her to UK with her US pp and after 4 months or so, if I go somewhere outside the UK and return back to UK to stay another 3 months or so.

        Will it be possible?
        WIll they give us to stay another 6 months when I return back as 2nd time?
        Please let me a solution….

        (0)
  8. Tua-Lisa Runsten says:

    Hi!
    My American boyfriend is coming and living with me in Barcelona for 3 months on a tourist visa, but wants to stay maybe an extra month in Europe, could we take a week to Marocco and re enter and he would then get another 3 months or how does it work if you know?
    Thanks tua

    (1)
  9. Ace says:

    I will be visiting a friend in the uk as a first time flyer. from the usa. my visit will be 2 weeks. they? are allowing me to stay with them for free for the two weeks that i’m there. and will provide me with food. and i will have 100 pounds in cash 1000 usd on my debit card and a round trip ticket back. do u see any problems with this? because i’ve heard some people have been sent back for no reason at all. any help would be much appreciated. i’m just very nervous about all this its FEW WEEKS away. thanks again. btw i will have a resent bank statement proving i have 1000$$ stamped by my bank. thank u again!

    (1)
    • Anil P. says:

      2 weeks on a tourist visa you won’t almost definitely won’t face any problems upon entry. As a US citizen they’re very unlikely to ask you for bank statements or anything other than the standard, ‘where are you staying’ ‘why are you here’ type questions.

      (0)
  10. Donna Hull says:

    Thanks for the excellent advice about what to do when you over-stay your visa. I haven’t had this problem yet but now I’ll know what to do.

    (0)
    • Anil P. says:

      Thanks Donna, hopefully it’s a situation you won’t get into :)

      (0)
      • Luvina says:

        Just an update on my situation. I’m an American living in France and I’ve overstayed my visa waiver/tourist’s visa for 9 months. I exited without any problems, and I’m on my way to re-enter now.

        Some background: I’m married to a French citizen and we’re in the process of getting me a long stay visa for a spouse. But our Livret de famille is taking longer than expected, so I’ll be returning to France today to wait for that.

        (0)
  11. brett says:

    Hello!
    I hope you can help. My passport says I came into zurich on 20/04/2011. I am still in europe. I did go to romania for a week, and now I am in ITaly. I’m a US citizen. I wish to stay in europe for another 90 days or so, but obviously I’m over the first 90 days. I’m thinking of applying for a german student visa and actually do want to go to Berlin next week. I’m willing to do anything though to keep staying here in europe for at least another 90 days. any recommendations on what type of application and/or what is the easiest country to accomplish this in?

    Thanks for your help!!

    (1)
    • Anil P. says:

      It really depends on your particular situation. Best bet is to simply get an extended travel visa, though it will be a bit more difficult if you’re already overstayed.

      (0)
  12. raja says:

    i have marred a girl from bangaldesh one who came in tourist visa for one mounth and after i married she did not went back now its more then 1 year what will happen

    (0)
  13. David says:

    Hello.. I stayed in Hawaii last year for nine months. I can back to can last June and have been here working here ever since. I want to go on a trip to Maine with my girlfriend in a couple weeks. When I returned to Canada through vancouver my passport was not stamped. I’m I going to have trouble re entering the u.s?

    (0)
  14. islandmomma says:

    Do you know anything about overstaying on other kinds of visa? Student visas for example?

    (1)
  15. Theron says:

    I will have overstayed it by about a week after next week. There is nothing I can do about it now because I must remain through next weekend. I only want to know which country is best to fly out of for less chance of penalty? I had a German residence that expired last year, but now I live in Turkey? I read that Italy and France are countries that may not penalize me. But if I DO manage to get out without a fine, should I ALWAYS fly back into the EU through those countries? I am in Hamburg now, go to Berlin this weekend, and then from there I don’t know whether to take a car to Paris and fly out, OR fly out from a city in Italy.

    (-1)
    • Anil P. says:

      Where are you from?

      Chances are going to another country to avoid a fine will be the equivalent of the fine in travel costs; and you don’t guarantee not being fined or potentially facing a ban. Leave as you had planned (hopefully as soon as possible) and if you’re asked about it at passport control be honest and say you screwed up. A direct answer might get you around a fine depending on the officer you happen to get.

      (1)
      • Theron says:

        Hi,

        Thanks for answering. I am American and have (or had) lived in Germany for 7 years until last year. My residence permit is now expired, and to put it bluntly, I am black and Germans are not the most accommodating to people that look like me. I have had bad experiences with officials there before and I am leaning towards flying out of Warsaw or Italy because of that.

        (0)
        • Anil P. says:

          I understand where you’re coming from; just do a cost comparison (what the potential total fine is vs the costs of traveling to another departure point). It’s often the luck of the officer you get and how hard of a time they give they person in front of you. (Usually they speed up when someone right before you takes a longer time – good for you upon exit.)

          I hope though you’ll keep in touch and let me know what you decide and how it goes.

          Best of luck,
          -Anil

          (0)
          • Theron says:

            Hola,

            I am leaning towards flying out of Warsaw as of now. If I maange to get out unscathed and I want to return to EU (after a few months, of course), should I always fly into a country other than Germany or Switzerland? And if there is a fine, how much IS it? And how long would I have to pay it off? I am scared I will get a 3 year band and that would be detrimental to me!

            (1)
          • Anil P. says:

            It will help as passport control tends to look at stamps from their home country – but it’s just a tendency. Technically in the Schengen Zone it doesn’t matter; to find out the specific penalties for each country on their embassy websites. The information is usually buried in there.

            (0)
  16. Katarina says:

    Ciao — I’m a US citizen and been in Italy since Jan 1 15. I’ve read a lot on the subject of Schengen and non-Schengen zones, rules, etc. I understand I have 90 days. Is it or is it not true that if I leave Italy soon (my departure from Rome is suppose to be March 31 but I can change it)before my 90 days is up and spend 4-5 days in Croatia that when I return it is looked upon differently because I was in a non-Schengen territory? Meaning, they digitally stamp my passport and I get another 90 days in Italy? This is maddening because I’ve heard so many different stories from actual travelers who have done it and the result is contradicting evidence. I want to stay longer, as I really don’t have to be back until the 2nd week of June. Will you please tell me if my plan is LEGAL or ILLEGAL. I have researched the visas. I’m self-employed and would like to get a visa for that or an extended visitor visa. Is it too late to do that if I am suppose to scram March 31st? Sorry, a lot of info.

    (0)

    (0)
  17. TANYA says:

    should i call the UK or the USA embassy?

    (0)
  18. Rasheed J says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
  19. charlene says:

    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

    (0)
  20. san diego says:

    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]

    (0)
  21. san diego says:

    btw im a USA passport holder…thanks

    (0)
  22. uday m jani says:

    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

    (0)
  23. Glen says:

    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.

    (0)
    • Anil P. says:

      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!

      (0)
  24. ricki alvarez says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
  25. claudia says:

    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?

    (0)
  26. Nikki B says:

    ….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

    (0)
  27. Han says:

    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

    (0)
  28. Han says:

    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 ).

    (0)
    • Anil P. says:

      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.

      (0)
      • Han says:

        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.

        (0)
  29. syed says:

    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.

    (0)
    • Anil P. says:

      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.

      (0)
  30. Tara says:

    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.

    (0)
  31. TANYA says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
    • TANYA says:

      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?

      (0)
  32. Chad says:

    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

    (0)
    • Anil P. says:

      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?

      (0)
  33. R says:

    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?

    (0)
    • Anil P. says:

      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.

      (0)
  34. Shaz says:

    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

    (0)
  35. LeiM says:

    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.

    (0)
  36. susan says:

    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 ???????

    (0)
  37. susan says:

    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 ???????

    (0)
    • Anil P. says:

      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!

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  38. Begonya says:

    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

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    • Anil P. says:

      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.

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      • Begonya says:

        Merhaba, zaten vizesi 3 yıl kaldı ve sadece 10 ay kalıcak. oyuzden dediğiniz gibi kısa süre soyleyebilirim vize uzatmamıza gerek kalmıcak. Teşekkürler

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  39. Begonya says:

    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

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    • Anil P. says:

      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.

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  40. 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 ?

    (0)
    • Anil P. says:

      Prison, extremely unlikely. Fine on the way out? Possible.

      (0)
      • Stewart says:

        Hi, I’d like to ask how on earth Jenny managed to stay in the USA for 4 years & not be deported. I have been trying for 9 months to do exactly what she did. I want out of the UK, I want to start a new life away from everything here. I was injured in an accident & am registered disabled & havn’t been able to find work here. As such, I don’t have the £350 or the £1000 min savings required to obtain a 6 month visa.
        So, since I have friends there , willing to house me & find work, I intended on just buying a ticket, arriving in the US & not coming back!I am 50 years old! But, my US friends warned that I could be deported as an illegal for overstaying the 3 month auto visa (THough if I were Mexican or Korean they wouldn’t!!) Did Jenny change her name? How did she work & not get deported??????

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  41. Saul R says:

    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?

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    • Anil P. says:

      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…

      (0)
  42. Darleen says:

    Hi Anil,
    I stumbled upon your site and have found it ever so interesting! Been reading the posts for hours hoping to find an answer to our situation.
    I hope you can help. My fiance and I have been searching for answers to no avail, searching gov sites, calling embassies and getting no one to help at all. Just automated recordings that goes in circles, telling us to go to the sites we’ve already searched.
    I am a US citizen living in America and he is a UK citizen and lives in England. We have been visiting each other for the past two years. I go over on the 6 month visa free access to the UK. The last time I went I arrived April 24, 2014 and returned to US August 4, 2014 leaving me a little more than 11 weeks on that visa. I do know that I can start it over again for another 6 months on April 24, 2015 but I am wanting to go back again some time in March, 2015 off to the remaining time and stay til sometime in August.
    Now here is my dilemma:
    If I’m there during my remaining time left from last years stay and the start of this years will I still get my full 6 months when April 24, 2015 comes around?

    If not, to get my new 6 months could we fly to Spain or one of the other countries in the EU for a few days during my start over date to start fresh again being they use the the Schengen visa, which I just learned about here on your site?

    I know it’s only a matter of about a month but I want my time in case I want to go back again before April of 2016.
    Also in June we have a 2 week holiday at Cape Verdi, so that 2 weeks away would allow me an additional 2 week, correct?
    I do learn a little more each time I visit from border control but they don’t offer to much and it scares me to ask to much as they are very intimidating.
    We just don’t want to screw anything up so there won’t be any problems in the future. My main goal is to eventually move there.
    I would appreciate any help you can give.
    Thanks for your time. Sorry it’s long but trying to explain it best I can so you understand it all.

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  43. Maria says:

    is there a possibility to being deported at the time of traveling with in the US by air with an expired tourist permit? The passport is current and the visa was grated for ten years but the permit to stay in the US expired three months ago. The person with tourist visa has over stayed the permitted time. any response is greatly appreciated

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  44. Roxanne says:

    Hi,

    I am a U.S citizen and back in 2010 I went to Spain to live and work as an au pair for a family for about 5 months, without any type of formal visa. So i obviously stayed over the 3 month visa you get for the entire area of Europe, but only by two months. My passport was stamped in Germany in late January, because that was where my first flight arrived, and then I left out of Spain straight to the U.S where it was stamped in June. I had no problems, but I´m afraid I will encounter some if I ever try to go back to Europe (any country in the European Union).

    What is the likelihood of getting in trouble if I go back and what might be the consequences?

    (0)
    • Anil P. says:

      You should check the embassy website of the next Schengen country you’ll be visiting prior to planning a trip there. The statute of limitations on overstays can vary. As for something happening, it depends on where you go but for US citizens generally problems are unlikely. The worst that can happen is being denied entry, then a fine, but again I don’t think either are likely to happen in your case.

      But, it can happen, so no guarantees based on my word.

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  45. Ben N. says:

    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?

    (0)
    • Anil P. says:

      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.

      (0)
  46. Coco says:

    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

    (0)
    • Anil P. says:

      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.

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      • Coco says:

        Why do you advise that? I just curious…

        (0)
        • Anil P. says:

          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.

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  47. TANYA says:

    anil – how do i unsubscribe please brother?

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  48. blur&lost says:

    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

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    • Anil P. says:

      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.

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  49. layla khyam says:

    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

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    • Anil P. says:

      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.

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  50. Prashant says:

    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

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  51. joe mikky says:

    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 ?”

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  52. Joe says:

    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..

    (0)
    • Anil P. says:

      Hi Joe, technically it could be a problem but it’s very unlikely it actually will be one. Good luck!

      (0)
      • Joe says:

        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

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        • Anil P. says:

          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.

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          • Joe says:

            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.

            (0)
            • Anil P. says:

              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.

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              • Joe says:

                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.

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  53. lou86x says:

    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!

    (0)
    • Anil P. says:

      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.

      (0)
  54. Tim says:

    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 :)

    (0)
    • Anil P. says:

      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!

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  55. jasmine says:

    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

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    • Anil P. says:

      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.

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  56. mia says:

    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

    (0)
    • Anil P. says:

      Possibly but not very likely.

      (0)
      • Rose says:

        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 ?

        (0)
  57. Lucy says:

    I have organised to go to Paris to study for a few months.I am booked and enrolled. Unfortunately I made the decision to do this quite late and it is not possible to get my student visa in time. The course only runs for 102 days and without the visa I am obviously only allowed to be there for 90 days -therefor I would be there for about 2 weeks over the limit. I spoke to someone at the school who said I should not worry – that it was unlikely to be a problem. I have been trying to do some research to find out what the worst thing is that could happen if I overstay. Could I be fined and if so how much? Could I be banned from re-entering France/Europe and for if so for how long? Also is it possible that I could get a criminal record for something like this?

    Really appreciate some advice!

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  58. Megan says:

    I’m a US citizen planning on traveling through the UK and Europe while my boyfriend works in the UK for one year. I will be staying with him in the UK throughout that year, but traveling in and out of the UK every few months. I’m not planning on applying for a visa but just showing up and saying that I’m going to be traveling for 6 months per my US passport. Will I run into trouble if I try to travel in and out of the UK after the 6 month period granted by my US passport? When do those 6 months reset – is it per year (Jan to Dec) or for the year beginning when my travels begin (ex: arrive in Feb, must leave by August, when could I return to the UK?) Thanks so much for this resource!

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  59. matt says:

    hi. my girlfriend came here to the us on a b2 visa. she is currently attending public school now. and she has overstayed her visa for some years. i kno thats really bad but im confused on how shes able to be in school with an expired visa. she is 17. she lives in texas right now but she wamts to come live with me in new york. we have plans to get married soon in the future, posibly sooner if we need. but we are afraid of legal problems. i wanna kno what we should do. she doesnt wanna go back to mexico to deal with the consulate. is there any way we can fix this so she can stay here?

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  60. angelina says:

    i was visit Australia with tourist visa which is 1 year but 3 month each i have to go out from Australia.so on my second visit i overstay for 2 days. is it possible to get visa again?

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  61. ryan says:

    My girlfriend from indonesia has a multiple entry visa which has a validility of a year and 3 months stay each time she arrives,recently she overstayed by 2 days due to her flight ticket being booked from a airline agency from 24 sept to 26 dec.Is this the issuing ticket agencies job to make sure when they book airline tickets that they meet the customers visa conditions??
    after all this seems unfair to penalise the customers rights to enter the country if they were to have no visa issued again!

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  62. andrew says:

    im planning a uk trip in april im from australia and im 27 years old.just wondering if there is a way of extending a ‘visit’ trip to the uk for up to 8 months without worrying about getting a visa. can i apply in the uk once im there or would it be better to arrange it hear in australia.should i need to apply for a ‘working holiday visa’ for 12 months or do u think theres is a little leniency to overstay by 2 months on a ‘visit’ to the uk?.

    (0)
    • Anil P. says:

      If you want an extended travel visa, apply from Australia. You won’t have enough time in the process to do it from the UK and it might not be allowed except under special circumstances.

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  63. june says:

    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.

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  64. namir says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
  65. Teresa says:

    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.

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  66. N.Davies says:

    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

    (0)
  67. Jenalyn says:

    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….

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  68. angelina says:

    Hi i just know that i over stay 2 days only with my visa automatically cancelled.my fiancee is australian nationality and i am indonesian. we will get marry in Australia very soon. Is it possible to get visa again?

    (0)
  69. abena says:

    An Italian friend of mine want me to visit him in Italy, what does my friend has to do in the acquiring of a visa for me here in Ghana?

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  70. Sara says:

    Hello Anil,

    Not sure if you can help me, but my husband came into the US from Canada. He has been here almost 2 years now as we have been married now for a year. We were going to try to get his papers here in the US but have now decided to move to Canada. If we go to Canada how can we avoid him being banned from the US for 10 years because he overstayed? If I go to Canada with him, can I apply for his adjustment of status while there? Any help would be greatly appreciated :)

    (0)
    • Sara says:

      As a side note, when my husband came into the states he had a valid passport and went through border patrol but they did not issue him an I-94 card, he has never been given one, can he go home to canada and re-enter the states through customs and sort of start over?

      (0)
      • Anil P. says:

        I would talk to an immigration lawyer so you can avoid any ban as the process can be confusing and any errors in the paperwork could do the same; even if there is a fix for your situation.

        (0)
        • sara says:

          Since he did not recieve an i-94 card and no stamp on his passport do they really even know he is here? so to speak.

          (0)
          • Anil P. says:

            The stamps in his passport will show the entry/exit dates.

            (0)
            • Sara says:

              He doesn’t have a stamp because he didn’t fly and didn’t go through customs he just went through border control. There is nothing on his passport at all. They did scan it but they did nothing else.

              (0)
              • Anil P. says:

                I wouldn’t risk it, especially since the passport has been scanned.

                (0)
                • Sara says:

                  Good Morning Anil,
                  I wanted to let you know that we made it here to Canada. We had no problems what so ever going through border control. They ask the usual questions, why are you here, how long you will be staying. They simply looked at my passport and my husbands scanned it and handing it back and allowed us in. I was expecting questions about why my husband took so long to get back in, but his mother said that the canadian border and the us don’t really talk to each other but that will be changing in the next few years.

                  My big concern is that we are going back to the states to visit family, and I want my husband to come with me as well. What can I expect to happen? If the worst case scenario is that they deny him entry, what will happen to us? Will we be detained, if so for how long? Would I be banned to come back to Canada?
                  Thank you for your help!

                  (0)
                  • Anil P. says:

                    I honestly can’t say; it’s possible he may be denied entry, but the more time passes the less likely is that someone will notice in the passport. Under normal circumstances there wouldn’t be a detention, you’d just have to pay for your flight back out.

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  71. Cris says:

    I am suppose to get out of USA on my last day of the stamp 27 Dec 2011 I am flying out on the same day I am stamped on my I94″ Until 27 Dec 2011″. Is this considered overstaying?

    I am on a 6 month multiple entry visa and that is the day they stamped me on my I 94

    I would appreciate an answer .

    Thank YOu

    (0)
  72. Janelle says:

    im a u.s. citizen in the philippines visiting my family for 3 months (nov.27,2011-march 7,2012). This is my first international trip and i didnt know the visa expires after 3 weeks. i am 5 days past the visa, and christmas is here so i will have to wait for the holidays to pass to call/inquire. wheni arrived in the phillipines in nov. the man that stamped my visa even said “your staying until march?” and i replued with “yes”. but my visa expired dec.18,2011. what should i do?!! will i get in trouble?

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  73. Hena says:

    Hi i am srilankan citizen. i came to india by visiting visa. i want to stay in india only. how to get indian citizenship. i plan to marry after 2 years only.if i over stay in india what will happen.is any possibilities is there to stay in india. plz i need a solution. help me plz.

    (0)
  74. Anita says:

    Hi Anil,
    I am wondering if bad debt can keep you from getting a passport. I went through a divorce and a bankruptcy and my credit is really messed up. I have 2 judgments against me, one is coming out of my work check (voluntary) and the other we are about to pay off. I have a default student loan(through no fault of mine, it was in deferment due to hardship and they let it slip through the cracks) and I am paying on it too, for almost a year now. Will these keep me from getting a passport? Do you have to provide a Social Security number when you apply if you have your birth certificate and photo id?

    Thank you for anything you can add to this.

    (0)
  75. Jessica says:

    I am an American and I was just in France for 92 days without a visa (so technically overstayed by 2 days). I was/am participating in a church related “school” of sorts there, and was supposed to be spending the next three months on “outreach” in a different country, so I assumed I would not need a visa at all to participate in the school. However, due to a change of plans, we are now scheduled to be in France (a different part of France, but still France). I tried applying for a visa in order to be “legal” for the next three months, but they said that I could apply for a visa, but according to the law, I have to wait 90 days before going back to France, so they said it was unlikely that the visa would be approved. I got my passport back in the mail today and there was a stamp in it that said, “consulat general de France a San Francisco, Visa requested on___”(it gave the date) and that was it, nothing else in the passport or envelope (I assume that means it was denied??). I will have been back in the states for 18 days when I try to re-enter France. My passport was not stamped when I re-entered the states a couple weeks ago, so it seems to me that the fact that I was just there for 3 months would not be readily apparent, but will that stamp from the consulate (assuming it’s a denial) cause problems? I already have my flight booked and I would be there another 72 days, so not overstaying the 90 day rule, but overstaying the 90 within 180 day rule… what am I risking? What do you advise?

    (0)
    • Anil P. says:

      It’s possible you’ll have problems and I would try to get a legitimate visa as best you can. That said your chance of having trouble on entry or exiting is about 50/50. It depends on the person who scrutinizes your passport in the end.

      (0)
      • Jessica says:

        I tried to get a legitimate visa and they were mad at me when I applied because I had already been there three months, it doesn’t make sense to me. There’s nothing to warn you that you may have trouble getting a visa to return right away just because you were just there… I had no idea I would have trouble getting a visa until I talked to them…

        (0)
  76. samantha says:

    I am a Canadian citizen, I went to the united states in 2007 with a tourist visa and overstayed for 2 years I left in May 2009, I never got deported during my stay in the united states I left voluntarily back to Canada and I had not problems at the border. My question is I’m planning to go back to the United States to visit family just for a week it will be 3 years since I have left. Will I encounter problems at the border? What can of advice can you give me before heading to the United States? Will I have to pay a fine before going to the United States? any help would be greatly appreciated.

    Thank you

    (0)
    • samantha says:

      i also forgot to mention that i just re-newed my passport would that still show my overstay in the United States?

      (0)
      • Anil P. says:

        You *might* have problems but I don’t think you’ll get a fine upon entry (more likely you would just be denied entry.) And although your passport is new; technically your entry records are available to border control – chances they’ll check anything though are low.

        Aside from getting a visa prior to visiting the US, there’s no way to ensure you won’t have problems.

        (0)
  77. lorrie says:

    what of a 33 day overstay from thailand can one get a visa again?

    (0)
  78. John Keane says:

    hi I’ve been illegal in australia for just about a year and plan on travelling home thru the u.s staying there for 2 weeks ,should i expect problems entering the u.s I’m Irish travelling on an Irish passport.Thankyou

    (0)
  79. Chandini says:

    I have applied for a Schengen visa, but I am having a long overstay in US.also for the last three years I have settled back to my hometown. I would like to about any consequences regarding this asap. Thank you

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  80. namir says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
      • namir says:

        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

        (0)
  81. sy says:

    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 :/

    (0)
  82. Andrew says:

    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?

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  83. blahh says:

    i ll just try late at night.. or early in the morning..

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  84. bbildman says:

    I was denied entry back into Spain, because I overstayed by some 27 days, and trying to re-enter 10 days later. My question is…I plan on returning some 94 days after my last departure stamp in my Passport, will I have trouble re-entering? (The passport control person told me simply to count 90 days after the last departure stamp).

    There is nothing in my Passport that indicates I was denied entry, so will they bother me? Also, I will be flying on a one way ticket from the US to Dublin (I’m well off financially and have the means to buy my ticket back the the US, after I get there) from the US to Dublin, and then on to Madrid…is there something I should know regarding re-entering Spain?? Thanks

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  85. Jennifer says:

    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?

    (0)
    • Anil P. says:

      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

      (0)
      • Jennifer says:

        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!

        (0)
  86. Danso K. says:

    Am an American leaving the schengen but have stayed 3 days extra 90/93. Leaving on the 3rd day of overstay. Any problems?

    (0)
    • Anil P. says:

      Potentially, it depends on the officer you come across at passport control.

      (0)
      • Danso K. says:

        I will surely report back to give any feedback as to what happened(92hrs from now). Thanks writing back.
        With regards.

        (0)
        • Kae says:

          Hi- just wondering what ended up happening to you with your situation? :)

          (0)
          • Danso K. says:

            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)

            (0)
            • Lisa says:

              hey there!
              Loving right now that I found this. I have overstayed a couple of weeks after being given the wrong information by my agent at home. IM going to follw what you did and hope for the best.
              Fingers crossed :-)

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  87. sharon says:

    Hi my sister left last year Australia to go visit her American husband on an ESTA visa. She also took her 6 year old son who is also on an ESTA visa.
    They overstayed their visa requirements it is a 2 year ESTA but can only stay 90 days at a time.
    I am travelling on Sunday to bring back her son, and she is travelling hopefuly with us or a week later.
    Will we have any trouble at the airport going out?
    As her son is disabled and I really do not need problems because he has overstayed his ESTA. my visa is fine.
    Thanks

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  88. Kait says:

    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).

    (0)
    • Jennifer says:

      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.

      (0)
    • Anil P. says:

      I’m not sure honestly, I would call the office that issued your visa documents.

      (0)
  89. nabs says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
  90. john says:

    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

    (0)
    • Anil P. says:

      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.

      (0)
      • john says:

        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

        (0)
  91. blahh says:

    got ESTA yesturday wanna go back today.. waiting on visa stuff will this hurt my case?

    (0)
  92. blahh says:

    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?

    (0)
    • Anil P. says:

      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.

      (0)
      • blahh says:

        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.

        (0)
        • Anil P. says:

          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.

          (0)
          • blahh says:

            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..

            (0)
  93. youngster says:

    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..

    (0)
    • Anil P. says:

      When do you want to go back, and for what purpose (e.g. work, vacation, etc.)?

      (0)
      • youngster says:

        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> :(

        (0)
        • Anil P. says:

          The best path is probably to apply for a long term visa.

          (0)
          • youngster says:

            you think that there is a chance they would approve it ?

            (0)
            • Anil P. says:

              I don’t know what the chances are unfortunately; a lawyer could tell you with more certainty.

              (0)
              • youngster says:

                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

                (0)
  94. adriana says:

    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 :(

    (0)
    • Peter R. says:

      There is no chance since you broke the law already , it wold have been wiser to have departed the US before your 90 days expired and come back again to get a fresh 90 days then take care of you immigration matters …

      (-1)
    • Anil P. says:

      The only person that can give you an accurate answer is an immigration lawyer; but yes, there is a chance.

      (0)
    • jazzy says:

      Hi Adriana, im in the same sort of position as you are atm. Any word?

      (0)
  95. Jacqui says:

    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?

    (0)
    • Anil P. says:

      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.

      (0)
      • Jacqui says:

        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?

        (0)
        • Anil P. says:

          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.

          (0)
  96. Bryan Haines says:

    Great piece. Here in Ecuador, many tourists overstay their welcome, er … visa. As I understand it, they simply can’t return for a year (from their original date of entry) – which is, ironically, the same as if they obeyed their visa dates. This is the case for Canadian/American visitors anyway. I’ve heard that there might be a fee on departure if you overstayed – but no storm troopers…

    Bryan

    (0)
    • Anil P. says:

      Thank you Brian and definitely ironic – or perhaps encouraging by the Ecuadorian government – as Americans and Canadians overstaying probably helps the economy more than anything else :)

      (0)
  97. Elijah A. says:

    hi there
    Im over stay here in US over 70 days i’d like to apply a canadian visa is it possible that i can apply canadian visa eventhough im overstay in US

    (0)

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  98. Carlos says:

    Hello:

    I’m a U.S. citizen who made an honest but potentially-costly mistake. I entered the Schengen Area on April 23rd, left for about six weeks to the U.S and UK on May 15th (22 days in Schengen so far), then entered from the Schengen area again on June 29th and plan to leave out of Berlin on September 26th (an additional 90 days). That’s 112 Schengen days of the past 180, which is definitely an overstay. I didn’t do this intentionally; I thought the same stupid thing a lot of Americans who don’t do research before traveling think, that “the clock will reset when I leave and re-enter.” Not so, it’s 90 NON-CONSECUTIVE DAYS WITHIN THE PAST 180 DAYS. I’m clearly in violation.

    Important point: I have just enough money to get home, NOT ENOUGH FOR A FINE ON THE WAY OUT, not even on a credit card, they’re all maxed out (long story).

    I know the consequences range (with cruel randomness, I read) from nothing at all to a fine of 1200 euros and a re-entry ban of one year to life. I’ve read about people in Germany being thrown in jail (this sounds far-fetched to me) and about passports having “ILLEGAL IMMIGRANT” scrawled on every page in red marker by an angry immigration official, who makes a “BAN THIS PERSON FOR LIFE” note on your SIS record. On the other hand, I’ve read about French and Spanish officials stamping passports and waving people through without even looking up from their desks. I know, I know — it all depends on the agent you get, the mood they’re in, how suspicious you look, etc., and I’m not asking for a fortune teller reading. Just some advice on which of these options makes the most sense to you.

    The options I can afford right now are:
    1) Fly out of Tegel to NYC as planned
    —- Risks as outlined above.

    2) Change flights by flying from Tegel to London and from London to NYC.
    Pro — The advantage would be that EU –> UK flights tend to get less scrutiny, is that the case and would it work to my advantage?
    Con — My main concern here is that supposedly the UK officials can and will send people back to Germany for a Schengen overstay, from which I’d be deported at my eventual expense to the U.S. Is that a significant enough risk to nix this option?

    3) Change flights by flying from Prague or Warsaw to NYC.
    Pro — I’ve heard Polish and Czech officials are lax and that I’d have good odds of getting out.
    Con — …maybe not, maybe a waste of money and not much better odds than leaving from Berlin?

    4) …any other options you can think of that won’t involve crazy schemes like taking a boat to Albania? :)

    My main goal here is to be able to re-enter Europe legally and reliably, as I have a lot of personal and business connections over here that are very important to me. Even if I make it out without a fine, is it possible or likely that I’ll be denied entrance on revisiting in, say, a few months’ time? Or a year? Even after going through all of this worry?

    One last question: any advice for talking to the customs official to explain my situation? I’ve heard they can be pitiless, especially in Germany. I do know a bit of German, so that could be helpful. But any advice on how to present myself and my situation would be appreciated.

    Thanks a lot for reading my sob story. Best wishes,

    -Carlos the American

    (0)
    • Anil Polat says:

      Find the best flight for you and book passage home. Staying longer doesn’t help your situation, you’ll have to take the risk of a fine or ban. Other schemes will cost you money (i.e. flying out from various airports) so go the straightforward route. If you are stopped, be relaxed and absolutely honest. Just don’t make the same mistake twice.

      (0)
      • Carlos says:

        Thank you for the quick reply!

        So, just to recap — in your opinion it’s not worth it for me to take the train to Prague or Warsaw and fly from there? I have a flexible ticket, can change departure at no cost. I could also move departure up, could even leave this weekend, would that be advisable in your opinion?

        Again, thank you so much for weighing in, it’s so much appreciated!

        -C

        (0)
        • Anil Polat says:

          You’re welcome Carlos. Since nothing is guaranteed, you’re likely better off going with your original plan; leaving as soon as feasible.

          (0)
        • Tess says:

          If I may comment, having gone through something similar recently, if your flight is indeed flexible then it might be worth it to fly out of a different country. The Germans love their rules, bless them! If the cost isn’t too much greater, then it might be worth it. If it is a drag, then I say don’t worry about it, think VERY positively when walking up to immigrations, imagine yourself sailing through easily, and be honest at all moments—these guys are professionals and have heard every lie! Do what your gut tells you though, if you can. If you think it will be OK to leave from Germany, it probably will be. You haven’t committed such a huge error, just a small, reasonable one. But yes, I do think any other country but Germany and Austria is easier to slip through…. ha!

          Good luck, let us know.

          (0)
  99. Bo Bonds says:

    Hi My name is Bo a US citizen and needed some advise on returning to the Ukraine, I came back to the US the 3rd of June 2013 after staying there for almost 6 months, almost 3 months overstayed my 90 days allotted time on my passport. I was not given a hassle leaving at all at Kiev but had to pay 900grn ($112.00 fine) for overstay. I want to return as soon as I can and know that I will have to wait the 180 days or do they count the time I overstayed as that would be almost 9 months before I could return. I do not want to take a chance and return in December this year and get turned away at border (Kiev) I also would like to get a multiple entry 1 year visa this time if I could and wonder what my chance I would of getting one since I overstayed. I plan on living there and will apply for a resident visa when I get there. I have been going to the Ukraine now for 15 years and my ex-wife is Ukrainian. I’m retired and have a Pension every month so I have a decent income to be able to live there as people there live. I have also considered flying to Warsaw and taking a train or bus to Kiev, I would appreciate in help you could give me on this.. Thanks very much,,,Bo

    (0)
  100. Tess says:

    Hey, this has been a very informative article and comments section, thank you so much.

    So, I’m one of those US citizens that just didn’t really give the visa any thought, and now I’m sitting in a hostel in Vienna about 30 days overstayed and trying to plan my way out. I now need to go to the UK, and I’m wondering if there is a “best” place for exiting the Schengen… I had thought Spain would be the best idea because, well, I speak Spanish and I just thought they are probably the most lax and easy going. I’ve read some accounts that Germany and Austria are the absolute worst, as is Greece for some reason. Also, would it be an advantage or disadvantage to go through a small immigration point, like by boat from Holland or the Eurostar from Belgium or France? I also just had some Europeans suggest Poland which didn’t sound like a bad idea.

    I’d prefer to go north through Poland or Belgium, but I’m wondering if I should play it ‘safe’ with the Spanish.

    Also, will the UK care at all about my overstay?

    Thanks so much for being here for us silly travelers. :-)

    (0)
    • Anil Polat says:

      You’re welcome Tess.

      I think you’ve got a better chance in southern Europe, Spain for example, than the north. Although there are no guarantees, good luck.

      Also, the UK shouldn’t care about your overstay.

      (0)
  101. Kate says:

    Hi,
    I am an American and am trying to plan a way to go live in Italy for about 6 months. I work for an American nonprofit, but I work online/from home, so technically I can easily work from anywhere. If I plan to go to Italy and stay there for the entirety of the 6 months, would I be likely to run into problems exiting the EU and upon return to the US? Thanks

    (0)
    • Anil Polat says:

      I can’t give you a probability, other than to say if you just get a proper visa (easy for a US citizen) you’ll have nearly no chance of difficulties entering/exiting.

      (0)
      • Kate says:

        That is what I would ideally like to do, but if I am not a student, and not able to get a longstay national or work visa (because I would be working through an American company), what proper visas are available to me? I researched and couldn’t find any, but maybe I am missing something. Thank you!

        (0)
  102. Robin J. says:

    US to Australia and back. My 22 yr old is in Australia for his 2nd time on a 3 month Visa. His Visa expired 8/30/13 and he has no money to get back to the States. What kind of issues will he encounter when he finally is able to return?

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  103. Sal. says:

    Hi sir . I have one question plzz if u can help. I went to denmark tarnsit through frankfort airport , i overstayed my visa for 7 days but i didnt notice that until i get back to frankfort airport to travel to my country . The embassy in my country put me the period of the visa start exam: 20/02/2013 until 20/05/2013 but the number of days is only 30 days that what i didnt notice it i swear. I thought its 90 days!! So i overstayed 7 days there . I sat 37 days. The officer in germany told me i overstayed and he take me to office and let me sign some papers and he told me they will reply to u but until now nothin the case since 6 month almost . I payed there 120 euro he told me i gave u fine because u enter germany Illegal and stay in germany Illegal and he checked my boarding pass coming from denmark . I explain to him everything and told him thats not my first visa i have 5 visas before and i didnt overstay any of them because my wife and my son in denamrk and they sent me an invitation, iam not idiot to do it but i swear its misunderstand. He told just pay now 120euro and we will send u a letter what happen but nothin till now. Any problem for that like ban ?? Plz help me if u can cause i want to apply fpr new one now . Thanxxxx.

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  104. Evarlyn says:

    I have a problem I got a schengen visa with an extra of 15 days without noticing that I had extra days but I applied for a new visa and they noticed that I had extra days so I was told that it might cause me a problem of not getting a visa. So is that really my fault?

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  105. louie says:

    I see Anil is censoring my advice that can be very useful to this guy.

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  106. Karen says:

    Hey…ill be visiting curacoa…I’m a holder of a Jamaican pass port and my boyfriend, he’ll be studying at the Caribbean medical school for 1 year..he’s from the US.. He got a vacation home for a lease of one year and I have travel insurance to curacoa for a year…will I be legit to get an extension for an entire year in curacoa?

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  107. Jennifer says:

    Hi,
    I am a US citizen working in China. My work visa expires in 2 days. My school has my passport and is supposed to be renewing the visa. I am worried because Beijing has just changed their regulations and the school says they do not know if my paperwork will go through (they now require background check and don’t like mine because Virginia ones look different from other states and don’t have a stamp). Because it is the summer holiday our accounting department is absent and won’t return for one week. I have no money until I get paid in one week and am concerned that the school won’t be able to secure my visa, requiring me to leave but with no money to purchase a ticket. I might be able to get to HK before the visa expires, but once there I am concerned my school will never pay me and I will be stuck there with a soon to expire 30day visa and still no way home. Any advice on what I can do?

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  108. N says:

    Hi Anil,

    Your responses have been really helpful, I’m just looking for your opinion on this:

    I’m a Canadian in France and supposed to be studying this fall but misunderstood and didn’t get a student visa before going. If I overstay my 90 days by 33-45 days, what should I expect to happen going through the airport before flying back to Canada? Will I be detained or questioned?

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    • Anil Polat says:

      You’re welcome, I’m glad I can help.

      Overstaying can result in a fine or a re-entry ban of several years. It depends on the officer checking your passport on the way out; they may also let you go without any consequences if they don’t notice, etc.

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  109. Max says:

    Anil,
    Thanks again for your quick response to my last inquiry about Australia. Ok, I am singer/songwriter from the USA, and planning a trip to Australia. On a tourist visa I know I am not supposed to work, and playing coffee shops and smaller clubs I’m sure I would float under the radar, but now there is a possibility of having a full band there, which would expose me quite a bit more. Ever heard of an original songwriter getting a work visa? I wouldn’t be taking anyone’s job there, and would be employing 4-5 Aussies as well. My daughter is living there the rest of her life, and I’m weary of breaking any laws and getting banned from the country.
    Thanks,
    Max

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    • Anil Polat says:

      They might have some sort of artist visa or program. I would look into that as a starting point. I know Germany and some other European countries have it, perhaps Australia does as well.

      Good luck and if you remember I’d appreciate you letting me know how it goes here. Thanks!

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  110. miko says:

    I was on a 1 year student visa in southern spain last year . However i recieved several fines that equals up to 500 euros on a trip to northern spain barcelona that I did not pay and the police had my student residency card instead of my actual passport number.A year has passed since then and I am re-applying for a student visa to spain from the usa since my student residency card is invalid after expiration date and must apply for a new one.but Im worried I would be denied. But im also curious that it might have been forgotten since it is now on an expired invalid id card.Is this a likely event?

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  111. Barbara says:

    Hi, i was in USA for 1 year (i extended my visa) and then i overstayed 8 months. I came back to Brazil in May 2013. My visa is valid through sept 2014. How can i get in in the US and do not be deported at airport? All I need are 3 days in NY, nothing else! Do u think Ill be deported?

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  112. sara says:

    I am a U.S citizen. I visited Canada and was given a stamp date of when I should leave. I overstayed my visa by a couple of months and left the country. Will Canada immigration know that I overstayed if I try to return? Like, does this information automatically come up when they scan your passport?

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  113. tdiddums says:

    hello anil

    for a canadian citizen who has overstayed in the US by ~9 months past the normal 6 months, what are the best options, if any, to not incur overstay penalties? no stamp was given on most recent entry to the states on the passport (which was at the 1 month overstay period), or any i-95. in fact the passport shows no stamp for us travel since feb 2011 but there has been travel between canada/US since then.

    they are living with family (who have green cards) until they find work back in canada.

    also, is it possible to fly within (not leave the country) the US during this overstay status? is the danger for 3/10y bar only once they have left the country?

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    • Anil Polat says:

      I’m not sure the best way honestly, perhaps someone else on the thread has some experience with this they can share. As for internal travel, it’s probably ok to fly since you won’t go through any passport control.

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  114. toby zapata says:

    hi, i have a Philippines passport and was granted a tourist visa in australia in 2006 but I overstayed for more tha a year due to financial reason. now, i am planning to go back and enroll as a student in university. do you think i will be granted a visa?

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  115. Vaibhav says:

    hi anil
    my name is vaibhav.I am a indian passport holder who went to New Zealand on study permit but how so ever overstayed there.Now back in India but wanna apply for a canada student visa .Will there be any problem in that

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  116. mercy says:

    I have overstayed in india on my business visa (around 2 months)2 years ago and since then i have never step in to india. I have been travelling within African Now, i plan to visit india again, would i have any problem of entering to india

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  117. Kyle says:

    Hi Anil,

    I can see that this thread hasn’t been commented on in quite a while but I’m hoping you are still around and able to provide me with some advice..

    I am a Canadian citizen and came to Italy on a 9 week internship back in October 2013. My 90 days of “visa-free” traveling would have ended on January 6, 2014 but I decided to stay until April 2 (extending my internship). I will be flying out of France and have only the one stamp in my passport that I got on my way in to the EU.

    I have to say that I am more than a little bit concerned at this point..

    To make things even more strange, I am wanting to return to Italy after 3 weeks at home (extend for a third time). This will now be from the end of April until the end of July. This might make it easier to figure out;

    Left Canada (to France) – Oct 6, 2013
    Returning (from France) – April 2, 2014

    Reentry (directly in to Italy) – April 27, 2014
    Leaving EU for a long time (from Italy) – July 27, 2014

    What are my biggest problems that I may face?

    Thank you in advance. Any insight would be greatly appreciated!

    K

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  118. Pamela Wells says:

    I overstayed my Schengen time by at least 180 days or more. But here I am, back in the U.S. (with much help from the U.S. Embassy in Athens)!

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  119. cy says:

    i overstayed 2 months in india with my business visa and same time my passport lost, so i go and get police report for a new passport and got new passport with a different passport number but my name and rest of my details are still same i use that my new passport get a new tourist visa can they allow me to re enter india

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  120. kelechi says:

    i have 4 month india business visa writing not to exceed 45 days i stay in india 98 days not knowing that i will register at frro withing 14 days arrival when i want to live india to my home country they told me that have to meet frro Mumbai when i go there they told me i have to bring 2 small passport, address were am living, resit of what bought,finger print,after that they corrected fine of 1679 rubes they did not give me any paper i go back to my home country after 1 month letter i get fresh new visa to re enter india at mumbai port of enter they send me back without saying any thing please i want to the problem urgent

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    • kelechi says:

      i have 4 month india business visa writing not to exceed 45 days i stay in india 98 days not knowing that i will register at frro withing 14 days arrival when i want to live india to my home country they told me that have to meet frro Mumbai when i go there they told me i have to bring 2 small passport, address were am living, resit of what bought,finger print,after that they corrected fine of 1679 rubes they did not give me any paper i go back to my home country after 1 month letter i get fresh new visa to re enter india at mumbai port of enter they send me back without saying any thing please i want to the problem urgent

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  121. alexa says:

    My sister has a bf at Holland and she’s engaged it’s a long distance relationship, problem is she is in the u.s but her parents brought her here not legally . So she says she wants to move to Holland …can she move over there to Holland with her Mexican passport, from here to the u.s to eaurope ? They want to get married here in the u.s ,then move to Holland .can she just go over there with just her Mexican passport and then fix over there ?

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  122. Donna says:

    I have a friend that is an Italian citizen but resides in the US. He went to
    Ghana on business and over stayed his visa by one week…what is going to happen when he goes to the airport…will he be allowed to leave or are they going to shake him down,,,what is the law

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  123. Rob says:

    Great article Anil,

    I’ve been in the US for 5 months now with my wife. She’s a US citizen and I’m Canadian. We got married just over 2 years ago and were living in Canada before the 5 months here, but decided after coming to the US that we’d live here instead because of better opportunities. I never received an I-94 when we drove through the border and we need that alien number for the papers we’re filing. We were told by an immigration lawyer to leave that blank and just put the date of entry when asked. We’re filing all the papers next week, but my 6 months is almost up. Our concern is: I was told by that same lawyer to not leave the US because I will be denied re-entry from Canada if we left. But we don’t want to go back anyway. Will they make me leave while the paperwork is being processed? That is our worry. Thanks for your time. :)

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