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What an Overstay Does to Your Visa: INA 222(g)
There are two separate consequences of staying too long in the United States, and almost every guide blurs them together.
The three- and ten-year bars under INA §212(a)(9)(B) are about re-entry, they are triggered by accruing unlawful presence, and they attach when you depart — that is covered in what the previous-travel section screens for.
INA §222(g) is a different rule with a different trigger, and it is the one that decides whether the visa in your passport still works. It is set out in 9 FAM 302.1-9, read on 21 September 2026.
The rule in one sentence
INA 222(g) renders void the visas of nonimmigrants who remain in the United States "beyond the period of stay authorized by the Secretary of Homeland Security."
Void — not expired, not weakened. The visa may have years left printed on it and it stops working.
Two consequences, and the second is the expensive one
An applicant who has overstayed the authorized period of admission may no longer use the visa with which they entered the United States. To re-enter the United States, the applicant must obtain a new NIV in the country of the applicant's nationality.
So it is not only that you need a new visa. You lose the choice of where to apply for it. If you live and work in a third country and normally apply there, that route closes.
If you hold two valid visas, only one dies. The FAM is precise:
If an applicant is in possession of two valid visas, however, only the visa used by the applicant to enter the United States (i.e., the visa which is the subject of the overstay finding) is void under INA 222(g).
That is worth knowing before you assume everything in the passport is gone — see holding more than one U.S. visa.
The carve-out that matters most: date certain versus duration of status
This is the part that is most often stated wrongly, and the FAM's instruction to officers is blunt.
If you were admitted until a specific date — B visas "and most other visa categories" — you have overstayed if you remained past the date on your Form I-94. Note the I-94 date, not the visa's expiry; those are different things, as how long you can stay explains.
If you were admitted for "duration of status", 222(g) applies only if:
(a) USCIS finds a status violation while adjudicating a request for an immigration benefit; or (b) An IJ finds a status violation in proceedings against the applicant.
And then the sentence that decides a great many cases:
In determining whether INA 222(g) applies, your assessment of whether the applicant did or did not maintain lawful status is irrelevant.
That instruction is given to the consular officer. Without a formal finding by USCIS, an immigration judge or the BIA, a D/S admission does not produce a void visa — however the officer privately reads the facts.
This carve-out is shrinking. The rule replacing duration of status with a fixed admission period for F visas changes who is in the "date certain" group at all — see the end of duration of status.
A timely, non-frivolous extension protects you
An applicant is not ineligible under INA 222(g) even though the departure date on Form I-94 passes, if: (a) the applicant files a timely application for extension of stay or for a change of status; and (b) the application is approved.
And if you leave while it is still pending:
…if an applicant departs after the date on the Form I-94 passes, but before their application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature.
The FAM defines nonfrivolous generously — an application is nonfrivolous if it is not, on its face, "a groundless excuse for the applicant to remain in the United States to engage in activities incompatible with their status." Officers are told they may confirm timeliness from a USCIS receipt or a cancelled fee cheque.
Seven situations where 222(g) does not apply at all
The manual lists applicants it does not reach:
- Those who entered on the Visa Waiver Program or another visa waiver
- Those who entered via parole
- Those who entered without inspection
- Those who entered on a diplomatic visa category
- Those who entered by any means other than on a nonimmigrant visa
- Those admitted from Canada or Mexico with an I-68 or DSP-150 border crossing card, or other Canadian and Mexican entrants issued no I-94 — absent a later formal finding of being out of status
- Those who physically could not depart because they were in law-enforcement custody when their authorized stay expired, citing Matter of C-C-, 3 I&N Dec. 221 (BIA 1948)
Border crossing cards are their own case. A combination B-1/B-2 visa and BCC is subject to 222(g) and becomes automatically void, and must be physically cancelled. A BCC as defined in INA 101(a)(26) is not a nonimmigrant visa as such and does not become void.
Where you apply if there is no consulate at home
The FAM covers the awkward cases directly:
- No consular office in your country of nationality — you may apply at a post the Department has designated for such applicants, or at a consular section in a country where you hold the right of permanent residence.
- Dual nationality — if you had a residence in one of your countries of nationality immediately before your last entry, you apply at a post in that country.
- Stateless — you are treated as a national of the country that issued your travel document.
- Extraordinary circumstances — the Department can exempt you from the country-of-nationality requirement where, per 22 CFR 41.101(d)(1), compelling humanitarian or national interests exist.
Frequently asked questions
Can I still use my visa after overstaying?
No, if 222(g) applies to you. The visa you entered on is void, whatever expiry date it shows, and the next application must be made in your country of nationality.
I overstayed by a few days. Does the length matter for 222(g)?
The rule as written turns on remaining beyond the authorized period, not on how long. Duration matters for a different rule — the three- and ten-year unlawful-presence bars under INA §212(a)(9)(B), which have their own thresholds.
I was admitted for duration of status and fell out of status. Is my visa void?
Only if USCIS, an immigration judge or the BIA has formally found a status violation. The FAM tells the consular officer their own assessment of whether you maintained status is irrelevant to the 222(g) question.
I filed for an extension and it is still pending. Am I overstaying?
If the application was filed on time and is not frivolous, the FAM provides a blanket exemption from 222(g) — including if you depart while it is undecided. Keep the USCIS receipt.
I had two visas in my passport. Are both dead?
No. Only the visa you used to enter is void. The other survives.
Does an overstay on the Visa Waiver Program void a visa?
222(g) does not apply to VWP entries at all. That does not make an overstay harmless — it affects future VWP eligibility and can trigger the unlawful-presence bars.
Can I get the country-of-nationality requirement waived?
The Department may exempt you where extraordinary circumstances exist, defined by regulation as compelling humanitarian or national interests. It is a Department determination, not something a post decides informally.