Understand inadmissible status and your rights

When you stay in the United States longer than you’re allowed to by law, you may become inadmissible after being removed from the country. With an inadmissible status, you’ll be banned from coming into the United States for a length of time.

The length of time you’ll be banned from reentering the United States differs depending on how long you overstayed your visa in the past. Here are some of the laws regarding your overstay.

1. If you’ve stayed over 180 days but less than a year</2>

If you have stayed less than a year but over 180 days, the typical bar to admissibility lasts for three years so long as you leave before the commencement of removal proceedings.

2. If you’ve stayed over one year

If you’ve stayed in the United States unlawfully for over one year, then you will be banned from reentry for 10 years, regardless of when you left and if removal proceedings had begun. You can be banned permanently if you reenter or attempt to reenter the United States without being paroled or admitted legally.

There are some times when you may be able to return to the United States without the ban affecting you. For example, if you apply for asylum and have it granted, the bar against you reentering may no longer apply.

What should you do if you face removal proceedings?

If you face removal from the United States, you should reach out to your immigration attorney right away. Knowing if a bar will apply to your case is complicated, and your attorney will best be able to understand your position and if you are at risk of being banned from the United States.

Keep in mind that no two immigration cases are the same, and there’s no way to know exactly which laws apply to you without your attorney looking into your case. The reasons you have to remain in the United States may be different than the reasons others have. Your attorney can help you seek asylum if it applies to you or help you apply for a different visa that would grant you a longer stay in the United States.

You should have someone on your side if you face deportation. With the right help, it might be possible to avoid deportation and find a way to stay in the United States legally moving forward, especially if you fear for your safety if you return to your home country.