Consequences of overstaying and unlawful presence

This page is for those who are at risk of exceeding or have exceeded the period permitted in the United States. Each day spent in the United States after the authorized period may count as "unlawful presence". As this period increases, a 3-year, 10-year, or permanent bar may arise, and your visa will be automatically revoked. Below you will find the rules, exceptions, available actions, and official forms.

• It is the time spent in the United States after the date on your I-94. Being in the United States without being admitted or granted parole also constitutes unlawful presence.
• If your I-94 says "D/S" (duration of status), unlawful presence generally begins the day after your status ends.
• If an extension is approved, your I-94 record should show the new period.
• Check your date at i94.cbp.dhs.gov.

• 3-year bar: If you accrue more than 180 days but less than 1 year of unlawful presence during a single stay and leave voluntarily before removal proceedings begin against you, you cannot enter the United States for 3 years. The period begins on the day you leave.
• 10-year bar: If you accrue 1 year or more of unlawful presence during a single stay and leave or are removed, you cannot enter the United States for 10 years. It does not matter whether you leave before, during, or after removal proceedings.
• Permanent bar: If, after accruing a total of more than 1 year of unlawful presence during all your stays, you leave and enter or attempt to enter the United States without authorization, you will be permanently barred from entry.
  • For this bar, you may request permission to reapply from abroad using Form I-212 only after spending at least 10 years outside the United States.
• These rules apply to unlawful presence accrued on or after April 1, 1997.
• If you leave the United States after removal proceedings have begun, you must notify the immigration court (EOIR). Failure to attend the hearing may also result in an entry bar.

• People under 18 do not accrue unlawful presence.
• Those waiting for a bona fide asylum application to be decided (generally).
• People in the Family Unity program.
• Spouses and children who are victims of abuse (VAWA), if there is a connection between the abuse and the violation.
• Victims whose unlawful presence was primarily caused by severe human trafficking.
• These exceptions apply to the 3-year and 10-year bars; they do not apply to the permanent bar.

• The visa of a person who exceeds the authorized period becomes automatically invalid from the moment the period ends. It cannot be used for subsequent entries, even if it is a multiple-entry visa.
• As a rule, you must obtain a new visa from a U.S. mission in the country of which you are a citizen. For Turkish citizens, this means Ankara or Istanbul. Only the Department of State may decide on an exception in extraordinary circumstances.
• Exceeding the authorized period may also be considered a visa ineligibility in your subsequent visa applications.

• Unauthorized employment: Working while in a status that does not authorize employment, or working in a job other than the one authorized, is a status violation.
• Studying in B status: Enrolling in an educational program with a tourist or business visa is prohibited.
• Providing incorrect information: Failing to provide DHS with complete and accurate information means that your status has not been maintained.
• Crime: A conviction for a violent crime punishable by more than 1 year of imprisonment violates your status.
• A status violation may lead to removal and will be considered in every future visa or green card application.

1. Check your I-94 date. Each person in the family may have a different date.
2. If the period has not expired, immediately file an extension or change-of-status application; USCIS recommends applying at least 45 days in advance. See 2.8 Change of status and extension of stay.
3. If the period has expired, a late application may be accepted only if all of the following conditions apply: the delay resulted from extraordinary circumstances beyond your control, the delay was reasonable, you did not otherwise violate your status, and no removal proceedings have been initiated against you.
4. If these conditions do not apply, USCIS recommends leaving the United States to limit the effect on your future applications. Leaving before your unlawful presence exceeds 180 days does not result in a 3-year bar.
5. Document your departure. When leaving by plane or ship, the departure is electronically recorded through the passenger manifest. When leaving by land for Canada or Mexico, the record may be incomplete; keep evidence such as an entry stamp, ticket, and receipts.
6. If your situation is complicated (removal proceedings, a family petition, or asylum), consult a qualified immigration attorney before leaving.

• For a nonimmigrant visa: The consular officer will tell you whether you may apply for a waiver and explain how to do so. The officer recommends to DHS that you receive a waiver; DHS makes the decision. A waiver is discretionary and is not guaranteed.
• For an immigrant visa: A waiver is requested using Form I-601. For some grounds of inadmissibility, a waiver may be requested only if it is shown that your U.S. citizen or green card holder spouse or parent would experience "extreme hardship."
• Provisional waiver from inside the United States (Form I-601A): Certain immigrant visa applicants who have a U.S. citizen or green card holder relative may request a provisional waiver of the unlawful-presence bar before traveling to Turkey for their interview. The fee is $795. The form is mailed to the USCIS lockbox in Chicago.
• After a permanent bar or removal: Permission to reapply is requested using Form I-212. Nonimmigrant visa applicants submit Form I-212 electronically through CBP's e-SAFE system.

• USCIS Contact Center — application status and general questions
  • Telephone: +1 800 375 5283 (TTY +1 800 767 1833); live assistance Monday–Friday, 08:00–20:00 U.S. Eastern Time
  • From outside the United States: +1 212 620 3418
• U.S. Embassy Ankara — all immigrant and nonimmigrant visas
  • Address: Çukurambar Mahallesi, 1480 Sokak No: 1, 06530 Çankaya / Ankara
  • Telephone: +90 312 294 00 00
• U.S. Consulate General Istanbul — nonimmigrant visas
  • Address: Poligon Mahallesi, Sarıyer Caddesi No: 75, 34460 İstinye / İstanbul
  • Telephone: +90 212 335 90 00
• Visa Information Line: From Türkiye +90 850 390 1950, from the United States +1 313 572 0883.
• CBP deferred inspection sites — correction of a period or classification incorrectly entered on the I-94 at the time of entry.
• Legal assistance: USCIS's find authorized legal services page and the immigration court's free legal assistance list.

• Confusing the visa validity date with the authorized period of stay. The I-94 date is what matters.
• Filing an extension application after the period has expired.
• Failing to track family members' I-94 dates, especially for children who turn 18.
• Assuming that leaving with advance parole after exceeding 180 days is safe.
• Leaving the United States by land without keeping proof of departure.
• Paying unofficial intermediaries who promise "visa corrections." See 1.12 Fraud warnings.

• I left a few days late; will I receive a bar? A 3-year bar requires more than 180 days of unlawful presence during a single stay. However, your visa will still be revoked and you will need to obtain a new visa from Türkiye.
• When does the bar period begin? On the day you leave the United States.
• Will my child also receive a bar? Time spent under age 18 does not count as unlawful presence.
• My extension application was denied; what happens? A denial cannot be appealed. You may need to leave immediately or consult an immigration attorney.
• Can I obtain a tourist visa while I am subject to a bar? It may be possible if the consular officer recommends a waiver and DHS approves it; there is no guarantee.
• I accrued unlawful presence; can I obtain a green card? It depends on the circumstances. See 3.8 Application pathway and consult an immigration attorney.

• I-94 inquiry · CBP I-94 fact sheet (PDF)
• Form I-539 (PDF) · Form I-539 instructions (PDF)
• Form I-601A (PDF) · Form I-601A instructions (PDF)
• Form I-601 (PDF) · Form I-601 instructions (PDF)
• Form I-212 (PDF) · Form I-212 instructions (PDF)
• CBP deferred inspection sites
• USCIS case status
• 8 U.S.C. 1202 (govinfo)