When a person stays in the United States beyond the time allowed as a tourist, they…

Overview

When a person stays in the United States beyond the time allowed as a tourist, they may face difficulties returning to the country in the future. Illegal stay can be registered in the US immigration systems, which can result in a temporary or permanent entry ban depending on the length of time overstayed. If the person has stayed more than 180 days beyond the deadline, they may be subject to a 3-year ban, and if it exceeds 1 year, the ban can be 10 years. However, in some cases, it is possible to request a waiver (waiver of inadmissibility), which allows the person to request an exception to the entry ban. To do this, it is necessary to demonstrate extraordinary reasons, such as humanitarian or family reasons, that justify entry into the United States, even after violating the conditions of a previous visa. The recommendation is to consult a lawyer specializing in immigration to evaluate the options and steps necessary to regularize the situation.

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Official Sources

• https://www.gov.br/mre/pt-br/consulado-londres/visa-section/types-of-visa
• https://www.gov.br/mj/pt-br/assuntos/seus-direitos/migracoes

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