Immigration lawyer Adrian Pandev has warned that overstaying a United States visa by even one day can lead to severe legal consequences, including travel bans and deportation. In a video posted to his X (formerly Twitter) account on September 7, 2026, from New York, Pandev detailed the penalties that apply to anyone who remains in the US beyond their authorised period of stay.
Unlawful Presence and Escalating Penalties
According to Pandev, anyone who remains in the United States beyond their authorised period of stay immediately begins to accrue what is known as "unlawful presence." This status carries escalating penalties depending on how long the overstay lasts.
A person who overstays by more than 180 days but less than one year becomes barred from re-entering the US for three years after departure. Those who remain unlawfully for one year or more face a ten-year re-entry ban. In either case, the bar takes effect the moment the person leaves the country, making future travel to the US extremely difficult.
Deportation Risk and Immigration Benefits
Pandev also noted that overstaying puts individuals at direct risk of deportation if they are encountered by immigration authorities while still inside the country. A removal order on record can affect not just future US visa applications but also applications to other countries that share immigration data with American authorities.
Beyond travel consequences, an overstay can permanently damage a person's eligibility for certain US immigration benefits, including adjustment of status, which is the process used to apply for a green card from within the United States. In many cases, even a brief overstay disqualifies an applicant from using this pathway entirely.
How to Avoid Visa Overstay
Pandev advised visa holders to pay close attention to the date stamped in their passport at the port of entry, or the date listed on their I-94 arrival record, which is the document that officially determines how long a person is allowed to stay. He noted that the visa expiry date printed on the visa itself is not the same as the authorised period of stay, a common source of confusion among travellers.
Anyone who realises they are at risk of overstaying should seek legal advice promptly or apply for an extension of status before the authorised period expires.
In a previously published report, United States authorities have moved to revoke the citizenship of a Nigerian national convicted for his role in a sprawling identity theft and tax fraud operation that targeted hundreds of thousands of victims and sought tens of millions of dollars in fraudulent refunds. The United States Department of Justice disclosed that it filed a civil complaint seeking to strip Emmanuel Oluwatosin Kazeem of his American citizenship.
