Skip to main content

How much approximately will I have to pay as penalty fees for overstaying my visa?

Woodland Hills, CA |

I overstayed my visa and now I will be applying for permanent legal residence through my husband, an American citizen. Although I overstayed my visa, I have always paid taxes for all income received. I would like to know how much I should expect to pay as a penalty fee for overstaying. Thank you.

I overstayed my visa for about 2 years. Is there a certain amount per period of time? How does it work?

Attorney Answers 3


As the spouse of a USC you are considered an "immediate relative". As such, you are not required to "maintain" status. All you need to show is proof of lawful admission to the U.S. (I-94 and or date certain admission stamp on your passport.)

That's it! Nothing else. You will NOT have to pay any "penalty" to anyone..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

4 lawyers agree



Mark as helpful

3 lawyers agree


I agree with Attorney Behar.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Mark as helpful

2 lawyers agree

Tax law topics

Recommended articles about Tax law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics