Skip to main content

With The March Immigration changes, if I overstay under a D/S Visa. What consequences would I face for overstaying?

Pittsburgh, PA |

After the March Immigration Rules changes, if I overstay my Student (D/S) Visa but I will not work or study, only being here with my partner. What consequences would I face with immigration? And how could I adjust my status later? Would my family suffer retaliation to come to the U.S. because I overstayed? Is there any "Benefits" between someone that is admitted but overstayed and someone that simply crossed the board?

+ Read More

Attorney answers 4


To start you would be breaking the law.

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


Same as if your stay's time limits were indicated clearly on our I-94. You overstay and you will be found, detained and deported unless there is an independent reason for you to stay in this county.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


You would be out of status. The longer you are out the greater the consequences. I suggest you consult with an immigration attorney who can provide you guidance in this matter.

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.


As an overstay you are subject to removal at any time. You can adjust your status later if you are an immediate relative. family would not suffer retaliation, but they could be denied visas because of your violation. benefits would be that you MAY have a greater chance of adjusting status. You should meet with an immigration attorney.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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