How long can I overstay without any consequences? 15 Answers as of July 30, 2012

Hi, I've a B1/B2 visa and my I-94 will expire on September, 6th. My husband got a J-1 visa and he is taking a vacation on September, 27th. Can I overstay for 20 days so that we can travel back home together? and what will happen if I overstay without applying for an extension?

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Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
It is not a good idea to ever overstay.
Answer Applies to: California
Replied: 7/30/2012
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
You will violate your B2 and it may be cancelled on your next trip to the US. If you want to stay legally, you should file an extension or change to a J2 to stay per his J1.
Answer Applies to: California
Replied: 7/30/2012
Law Office of Michael P. Gianelli, LLC
Law Office of Michael P. Gianelli, LLC | Michael Gianelli
Although an attorney cannot advise you to overstay a visa, or promise that there would be no consequences for an overstay, you should note that serious immigration consequences exist for staying unlawfully for over 180 days.
Answer Applies to: Colorado
Replied: 7/30/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
By law, if you overstay 180 to 365 days, you become inadmissible for 3 years; if you overstay over a year, you become inadmissible for 10 years. It means that any U.S. consul has to deny your application for a visa, and even if your husband obtains a status that would give you a derivative visa, you would not be able to come to the U.S. The law does not say anything about a shorter overstay. The U.S. consul who will consider your future visa application has a pretty much unlimited discretion to grant or deny it. A short overstay with a reasonable explanation, like yours, might be overlooked by one consular officer - or might become a reason to put a black mark on your file, for another. As a practical matter, USCIS takes about 6 months to consider an applcation for an extension of a B1/B2; and I would not predict the outcome under the circumstances you describe. If the extension is eventually gets denied, you will be considered out of status as of the date your original admission expired. Advice? If the ability to come back to the U.S. is important to you, don't overstay. If your husband is going to work here for a while, 20 days of separation from him is a little price to pay for staying in good graces of the U.S. consul and USCIS.
Answer Applies to: New York
Replied: 7/30/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If you do that in this new world order, then you will most certainly be complicated during your ESTA registration or at admission at a port of entry. Quite simply, you may be refused boarding or admission. So, play it safe and apply for an extension.
Answer Applies to: California
Replied: 7/30/2012
    NAYAR & MCINTYRE LLP
    NAYAR & MCINTYRE LLP | MARIA MCINTYRE
    You will be out of status once your I-94 expires and run the risk of being refused entry in the future.
    Answer Applies to: Texas
    Replied: 7/27/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    If you overstay your visa, you will begin accruing unlawful presence. Upon accruing six months of unlawful presence, you will be subject to a three year bar. The bar is ten years if you overstay for a year. While you only intend to overstay 20 days, it is important to keep in mind that you could be denied future visas as a matter of discretion for overstaying. It would be in your best interest to file an application for an extension.
    Answer Applies to: New York
    Replied: 7/27/2012
    Law Office of Bijal Jani | Bijal Jani
    It is never a good idea to overstay any permitted stay in the USA. Although it may cause certain inconveniences, it is better to depart the USA within your valid time to preserve the opportunity for you to enter the USA again at a later time without any hassles.
    Answer Applies to: New York
    Replied: 7/27/2012
    Law Offices of Patricia M. Corrales
    Law Offices of Patricia M. Corrales | Patricia M. Corrales
    The moment you overstay the terms and conditions of your visa whether it's one day or three weeks, you are in violation of US immigration laws are are subject to being placed in removal proceedings. No lawyer can advise you to overstay your visa because it would be against the law. You seek permission to violate the law in the manner you framed your question. You are receiving a benefit by obtaining a vistor visa in the first place, by overstaying the terms of your visa, you then break the law. What you could do is file a request to extend your visa so that you don't violate federal immigration laws. That's how to legally solve your situation.
    Answer Applies to: California
    Replied: 7/27/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    You can overstay and as long as it is just 20 days, it should not make a difference for any future travel to the US.
    Answer Applies to: California
    Replied: 7/27/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Once your authorized stay has expired and you have not left the US, immigration may legally deport you from the US. You can avoid that scenario by applying for an extension on form I-539 before your authorized stay expires. In addition, if you overstay by at least 6 months or more than a year, you will become subject to the 3- and 10-year bars for unlawful presence respectively.
    Answer Applies to: Texas
    Replied: 7/27/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    If you overstay less than 6 months you will not trigger any bars to returning to the US, but you will have a VERY difficult time having a visa issued to return to the US in the future. Filing for an extension would be the more practical and sensible approach.
    Answer Applies to: Washington
    Replied: 7/27/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Overstaying even one day will render your B visa invalid. On top of that you may have problem getting a new B visa if the US Embassy finds out your overstay.
    Answer Applies to: California
    Replied: 7/27/2012
    Mayo Mallette PLLC
    Mayo Mallette PLLC | Thomas J. Rosser
    You cannot "overstay" your current visa authorization for even one day without potential consequences that may lead to the denial of a subsequent visa process on your behalf.
    Answer Applies to: Mississippi
    Replied: 7/27/2012
    Orbit Law, PLLC
    Orbit Law, PLLC | Kripa Upadhyay
    Never! No period of overstay is allowed so even a 24 hour period of overstay IS illegal presence and will have consequences for future re-entry into the U.S.
    Answer Applies to: Washington
    Replied: 7/27/2012
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