Overstayed Your Visa in NYC? Here’s What You Need to Do Now

Living in New York City offers endless opportunities, but navigating the complexities of immigration law can quickly become overwhelming — especially if you realize your authorized stay has expired.

Overstaying a visa is a serious matter that can have lasting consequences on your ability to live in or return to the United States. Whether it was an honest mistake or due to circumstances beyond your control, understanding your current legal standing is critical. A visa violation means you are unlawfully present, and without taking the right steps, you could face deportation or be barred from re-entering the country for years.

However, all hope is not lost. Depending on your specific situation, there may be legal avenues available to help you resolve your status. At the Law Offices of Diron Rutty, LLC, we help immigrants in NYC understand their rights and navigate these difficult situations.

Immediate Actions to Take

If you realize you have overstayed your visa, panic is a natural reaction, but it is not a strategy. Taking proactive steps immediately can significantly impact the outcome of your case.

Consult an Immigration Attorney

The single most important step you can take is to speak with a qualified immigration lawyer. Immigration laws are intricate, and the options available to you depend heavily on the specifics of your case, such as how long you have overstayed and your family ties in the U.S. An attorney can help you determine if you are eligible to file for an extension or a change of status using Form I-539.

Document Everything

Gather all documents related to your entry and stay in the U.S. This includes your passport, I-94 arrival/departure record, and any communication regarding your visa. Write down the dates of your stay and the reasons for the overstay. Having a clear, documented timeline will assist your attorney in building a defense or application for relief.

Avoid Further Violations

It is crucial to avoid any further legal issues. Do not work without proper authorization, as unauthorized employment is a separate violation that can complicate your case. Additionally, any arrest or criminal conviction can severely damage your chances of resolving your immigration status and could lead to detention.

Potential Legal Pathways

While options may be limited, they do exist. An experienced attorney can help you explore whether you qualify for specific relief measures.

Adjustment of Status

One of the most common pathways involves marriage to a U.S. citizen. If you entered the country legally (with a visa) and married a U.S. citizen, you may be eligible to adjust your status to that of a lawful permanent resident (Green Card holder), even if you have overstayed your visa.

Waivers

If you are deemed inadmissible due to a visa violation, you might be eligible to apply for a waiver, such as the I-601 Application for Waiver of Grounds of Inadmissibility or the I-212 Application for Permission to Reapply for Admission. These waivers are often based on proving that your removal would cause extreme hardship to a qualifying U.S. citizen or permanent resident relative.

Humanitarian Relief

In certain circumstances, you may qualify for humanitarian protection. This could include Asylum if you fear persecution in your home country, a U Visa if you have been a victim of a crime in the U.S. and assisted law enforcement, or relief under the Violence Against Women Act (VAWA) if you are a victim of domestic abuse by a U.S. citizen or permanent resident spouse.

Consequences of Overstaying

It is vital to understand the gravity of a visa violation. Once the date on your I-94 form passes, your visa is automatically void.

The most severe penalties involve bars on re-entry. If you accrue more than 180 days but less than one year of unlawful presence and then leave the U.S., you face a three-year bar on re-entering. 

If you have more than one year of unlawful presence, the penalty increases to a 10-year bar. Additionally, you are at risk of being placed in removal proceedings (deportation) at any time.

The Law Offices of Diron Rutty, LLC: How We Can Help

Navigating a visa overstay is not something you should do alone. The risks of trying to “fix” it yourself are too high, and a simple mistake could lead to permanent separation from your life in the U.S.

At the Law Offices of Diron Rutty, LLC, we have extensive experience handling complex immigration cases in New York City. We understand that every client’s situation is unique. We provide customized legal strategies designed to protect your rights and explore every possible option for you to remain in the country legally.

Don’t let a visa mistake define your future. If you have overstayed your visa, time is of the essence. If you are an immigrant in New York City facing uncertainty due to a visa violation, we are here to help. Contact the Law Offices of Diron Rutty, LLC today to schedule a consultation. Let us provide the expert guidance you need to navigate the immigration system with confidence.