Overstaying in the US: the 3- and 10-year entry bars
When an overstay in the US brings a 3- or 10-year entry bar, who doesn't accrue unlawful presence and why advance parole trips became risky in August 2026.
- More than 180 days but less than a year of unlawful presence, then departure: a 3-year entry bar. A year or more: a 10-year bar.
- The visa is cancelled right after the date on your I-94, even for an overstay of a few days.
- Since 13 August 2026, leaving on advance parole also counts as a departure for the 3- and 10-year bars.
- Pactors will find you an expert free of charge to assess your history of stays.
The US punishes an overstay with an entry bar, not a fine. How long the bar lasts depends on how many days you stayed without status.
What counts as an overstay
Unlawful presence begins if you stay past the date on your I-94 or are in the country without lawful admission. For students and workers admitted for duration of status (D/S), the clock starts the day after the programme or job ends. If an extension or change of status was filed on time and approved, the I-94 is updated and your stay remains lawful.
How long the bars last
| Time without status | Consequence after departure |
|---|---|
| up to 180 days | the visa is cancelled, no 3- or 10-year bar |
| over 180 days, under a year, departure before removal proceedings | 3-year bar |
| a year or more in a single stay | 10-year bar |
| over a year in total and an attempt to enter without inspection | permanent bar; you can ask to return after 10 years outside the US |
The bar runs from the date of departure. For some visas and statuses you can apply for a waiver.
Who doesn't accrue an overstay
The law makes exceptions for children under 18, bona fide asylum applicants, Family Unity beneficiaries, victims of domestic violence under VAWA and victims of trafficking. These exceptions apply to the 3- and 10-year bars but not to the permanent one.
Leaving on advance parole after 13 August 2026
A trip on advance parole used not to count as a “departure” for the bars. On 13 August 2026 the Board of Immigration Appeals changed that in Matter of Delcarmen-Lara. Now, if you have more than 180 days of unlawful presence, a trip even with permission can block your return. More in the article on advance parole risks.
How to avoid an overstay
Watch the date on your I-94 and file an extension or change of status at least 45 days ahead, as USCIS advises. Terms on a tourist visa are covered in the article on how long you can stay on a B1/B2, and the application can be prepared through extension of stay.
Common questions
What happens after an overstay of a few days?
Where does a Russian get a new visa after an overstay?
Sources
- USCIS — unlawful presence and inadmissibility
- 8 U.S.C. 1182 (INA 212(a)(9)) — grounds of inadmissibility
- 8 U.S.C. 1202 (INA 222(g))
- U.S. Embassy in Russia — nonimmigrant visas
Links checked on 27 September 2026
