At US immigration, a CBP officer decides whether to admit you and for how long. If you have overstayed before, the officer can usually see it. The best preparation is to know your own history and to answer accurately.
What CBP can see
Officers have access to the data from your visa application, your previous entries and departures, and the immigration systems that record overstays, removals and refusals. Airlines also send passenger data before you fly. You can look up much of your own entry and exit history on the official I-94 website.
What you may be asked
- The purpose and length of your trip, where you will stay, and how you will fund it.
- Your plans to leave, such as a return ticket.
- Your past US travel, including whether you have ever stayed longer than allowed.
- Your job and ties to your home country.
If you have overstayed before, expect more questions. Answer briefly, accurately and consistently with your documents.
Why honesty matters more than the overstay itself
Willfully misrepresenting a material fact to obtain a visa or admission is a separate ground of inadmissibility that can be permanent (waivable only in limited cases). A past overstay is a problem that often has a time limit or a fix. A lie can make it much worse. If you are asked whether you have overstayed and you have, say so.
If you overstayed and are now travelling
- You cannot rely on ESTA. People who previously overstayed are generally ineligible for the Visa Waiver Program and need a visa.
- Your old visa is likely void. An overstay voids the visa you were using, so a new visa is normally required.
- If a bar is running, you can be found inadmissible. See travel with a re-entry bar and denied entry.
If you are leaving the US while overstaying
Leaving does not normally involve a confrontation. Your exit is recorded by the airline passenger data. The time you were in the US after your I-94 date is counted as unlawful presence, and the 3-year or 10-year bar is triggered by the departure if enough days accrued. See the unlawful presence guide and use the calculator to see where you stand.
Before you fly
- Check your own I-94 and travel history online and note any dates that look wrong.
- Write down your overstay dates so your answers are consistent.
- If you are unsure whether a bar applies, speak to an attorney before buying a ticket.
- Carry the documents that support your trip: itinerary, accommodation, return ticket, proof of ties and funds.