Visa overstay

A visa overstay occurs when a person who entered the U.S. lawfully, on a tourist, student, work or other temporary visa, stays beyond the date allowed. Overstaying is a civil violation of immigration law, not a crime, but it makes the person removable and can trigger bars on returning for three or ten years.

The Department of Homeland Security reports annual overstay rates for visitors who enter by air and sea, based on entry and exit records matched by biometric and travel data: in recent years the rate has been roughly one to a few percent of arrivals, which are large numbers in absolute terms given the millions of visitors. Researchers have estimated that overstays accounted for a sizable share, in some years a majority, of new unauthorized residents, compared with people crossing the border, though the proportion has changed as border crossings surged.

Congress mandated a biometric entry-exit tracking system in 1996, and implementation has been slow, especially at land borders. Enforcement of overstays is limited by resources; ICE prioritizes other categories. Proposals include mandatory E-Verify to deny jobs, bonds for visitors from high-overstay countries and better exit tracking. Debates continue over whether to prioritize border enforcement or interior enforcement and over how to treat people who have lived in the country for many years. See expedited removal.