Published: April 18, 2025
Every visa issued for entry into the US has an expiration date. You must leave the country before your authorized stay is over unless you obtain an extension or change your status. Remaining in the US beyond the allowed duration constitutes overstaying.
Section 222(g)(1) of the Immigration and Nationality Act (INA) states that if you stay in the country longer than permitted, your visa becomes invalid. This action can significantly affect your chance to reenter the US in the future. Despite this, nonimmigrant visa overstay continues to be a key immigration problem in the US.
In FY 2023, about 3.67 percent of the 1,345,378 students and exchange visitors on F, M, or J visas are suspected of staying in the US longer than their visa permitted after their program’s scheduled completion.
You can face serious legal problems if you overstay your student visa, from losing your status to having your SEVIS record terminated, and being subjected to potential reentry bars to the US.
Although more challenging, you can still secure a green card after staying longer than your student visa permitted.
The process of getting a green card after overstaying your student visa is complex and subject to specific conditions, which we will outline below.
Understand How Long You’ve Overstayed
The extent of your overstaying can affect the potential consequences you may face. Check your Arrival/Departure Record to verify your authorized stay date. Staying past that duration can result in unlawful presence.
You must depart the US before accumulating 180 days of unlawful presence. Otherwise, you can be subject to severe penalties. Meanwhile, staying unlawfully in the US for 180 days to one year can result in a three-year reentry bar to the US. If it goes beyond one year, you will incur a 10-year reentry bar to the US.
By understanding how long you’ve been unlawfully present in the US, you can better develop effective strategies for future immigration applications.
Reach Out to Your DSO or RO
There is a Designated School Official (DSO) for every SEVP‐certified school. Part of their role is updating and maintaining the records of foreign students holding an F or M visa. The DSO assists in keeping your student status valid. Meanwhile, the Responsible Officer (RO) manages a university or college’s J-1 or exchange visitor program.
Consider reaching out to your DSO or RO once you overstay your student visa. They can check the status of your student record and whether it has been terminated. Likewise, they can advise you on potential pathways to preserve your legal status.
File for Student Visa Reinstatement
Filing for reinstatement is possible if you have a valid reason for staying longer than the authorized stay of your student visa. This is often possible if your overstay is relatively brief and the circumstances are beyond your control.
You can typically use reinstatement when you fail to adhere to the terms of your immigration status, causing the DSO to terminate the SEVIS record. The case presents a more significant challenge if it’s been more than five months since the record was terminated or completed.
Voluntarily Depart the US
In some situations, the best course of action is to depart the US voluntarily. Doing so can help you avoid being subject to removal or deportation, which can carry further legal penalties. This can enhance your chances of applying for immigration benefits in the future or secure a green card through consular processing abroad.
Acquire Legal Guidance from ALG Lawyers
Overstaying your student visa can have different repercussions, depending on your situation. Since every case is unique, consulting a Los Angeles immigration lawyer about your rights and responsibilities is highly beneficial. They can assess your circumstances and guide you on how to proceed. Call our team at ALG Lawyers to start a consultation and understand the possible options available for your immigration concern.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)