Visa Overstay Leads to Removal Proceedings: What It Means
A man from Latvia who let his US visa expire in 2012 was arrested in San Francisco in August 2026 — more than 14 years after his authorized stay ended. USCIS screening flagged the case and referred it to ICE, which made the arrest. He is now in removal proceedings.
A Latvian man who entered the United States on a visa in October 2011 and overstayed after it expired in August 2012 is now in removal proceedings, according to a USCIS announcement dated August 6, 2026. ICE arrested him in San Francisco after USCIS screening flagged the case and referred it for enforcement action.
How USCIS Finds Overstays
USCIS uses screening and vetting systems to identify people who remain in the country after their authorized period of stay ends. When a visa expires, the person is no longer in legal status — even if they entered legally. Staying past that date, even by one day, is a violation that can trigger removal proceedings.
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Removal proceedings are the formal legal process through which the government asks an immigration judge to order someone deported. The person in proceedings has the right to appear before a judge, present a defense, and — in some cases — apply for relief such as cancellation of removal or asylum. Being in proceedings does not automatically mean deportation will happen, but it is a serious legal situation that requires attention.
What to Do If You Have a Visa Overstay
- Check your visa expiration date and your authorized period of stay — these are two different things. Your I-94 record (available at i94.cbp.dhs.gov) shows your actual authorized stay, not just your visa stamp date.
- If you have already overstayed, do not ignore the situation. Lawyers recommend consulting an immigration attorney as soon as possible to understand your options, which may include applying for a change of status, a green card through a family member or employer, or other relief.
- If you receive a Notice to Appear (NTA) — the document that starts removal proceedings — attend every immigration court hearing. Missing a hearing can result in an automatic removal order issued in your absence.
- Keep records of your entry, any applications you have filed, and all court notices. These documents matter in immigration court.
A full breakdown of this topic — in our guide “Visa Overstay: Consequences & Options”.
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A visa overstay of more than 180 days triggers a three-year bar from re-entering the US; more than one year triggers a ten-year bar. If you are already inside the country and in removal proceedings, those bars do not automatically apply while you remain here — but they become relevant if you leave or are deported. Anyone who has overstayed should get a full legal assessment before taking any action, including travel, because leaving the country can lock in those bars immediately. Consult a licensed immigration attorney to map out your options before ICE maps them out for you.
Frequently Asked Questions
What happens if I overstay my visa in the US?
You fall out of legal status the moment your authorized stay ends. This can lead to removal proceedings, bars on re-entry (3 years for overstays over 180 days, 10 years for over one year), and difficulty getting future visas. USCIS and ICE use screening systems to identify overstays.
What are removal proceedings?
Removal proceedings are the formal court process where the government asks an immigration judge to order you deported. You have the right to appear before the judge, hire an attorney, and present a defense. You may also apply for certain forms of relief, like cancellation of removal, depending on your situation.
Can I fix a visa overstay without leaving the US?
In some cases, yes. If you are eligible for a green card through a US citizen spouse, parent, or child — or through an employer — you may be able to apply from inside the US. This depends on how you entered and your full immigration history. An immigration attorney can tell you whether this path is open to you.
How does USCIS find people who have overstayed their visas?
USCIS uses automated screening and vetting systems that cross-reference entry records, visa expiration dates, and other databases. When a case is flagged, it can be referred to ICE for enforcement action, as happened in this San Francisco case.