Definition

Visa Overstay

Remaining in the U.S. beyond the period authorized by the I-94.

A visa overstay generally accrues unlawful presence and may automatically void the underlying nonimmigrant visa. Overstays may still adjust status if they are immediate relatives of U.S. citizens, but other categories typically must use consular processing.

See also

Unlawful Presence

Time spent in the U.S. after a period of authorized stay has expired or without admission.
Form I-94 Arrival/Departure Record

CBP record of a noncitizen's admission and authorized period of stay in the U.S.

Not legal advice. Definitions are provided for educational use. For case-specific guidance, consult a licensed immigration attorney.