Of course, happy to help. So the short answer is it depends. Specifically it depends on a couple of things.
First, it depends on how long you overstay:
"Overstaying the period of authorized stay may result in the accrual of "unlawful presence." After accruing sufficient unlawful presence, you may be barred from re-entering the U.S. for up to 10 years.
- The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.
- The Ten Year Bar: Persons who overstay in the U.S. for more than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure."
Second, it depends on your status. You may receive an overstay waiver making the consequences less serious if you fill the following criteria:
3 or 10 Year Bar of Inadmissibility: Waiver For Overstaying Visa
1. Visa Overstay Waiver For Nonimmigrants
The regulations do not include a specific waiver of the three or ten year bar for nonimmigrant visa applicants.
The immigration regulations do not, however, preclude a nonimmigrant from applying for a general waiver under section 212(d)(3).
Section 212(d)(3) makes available to nonimmigrants a general waiver for most grounds of inadmissibility.
2. Visa Overstay Waiver For Immigrants
The regulations provide a specific waiver for the three or ten year bar for foreign nationals who are the spouse, son or daughter of a US citizen or permanent resident.
The visa overstay waiver is not available to foreign nationals who only have children who are US citizens or permanent residents.
To obtain the waiver for overstaying visa, the foreign national must show that their US citizen or permanent resident spouse or parents will suffer 'extreme hardship' if the foreign national is not allowed to return to the US. 'Extreme hardship' to the foreign national himself is not recognized for the purposes of the waiver."
In summary, and with a few additional warnings:
- Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or "unlawful presence". (what I described above)
- Visa overstays may be restricted from applying for Extension of Stay or Change of Status.
- Visa overstays will have their existing visa automatically revoked or cancelled., even if overstayed for just 1 day.
- Visa overstays are generally unable to obtain a new visa except in their country of nationality.
- Visa overstays may not be able to Adjust Status in the U.S. even if otherwise eligible."
I recommend calling an immigration attorney that is in your area, most of them offer you free consultations and can help you the details of your specific Visa. I am sorry the law (and USCIS) is not more forgiving on these issues, but I hope that you are able to get this issue resolved.
I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!