What Happens If You Overstay Your Visa (Fines and Bans by Country)
Fines, bans and records for overstays, country by country, and what to do if you are already over.
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If you stay past the last day your entry allows, you have overstayed, and what it costs depends on where you are: a daily fine in Thailand or Indonesia, a record in the EU’s border system, or a 3- or 10-year bar on returning to the US after a long overstay. Below are each country’s fines and bans as of October 2026, how the days are counted, and what to do if you are already over.
When an overstay starts
The date that matters is the last day your entry record allows, not the expiry date printed on a visa. In the US that is the date on your I-94 record. In most other countries it is the date in your entry stamp, and in Schengen it is set by a running count of your days.
The stay you are given can also be shorter than the country’s maximum. Mexico gives a tourist a passport stamp with the number of days allowed, and 180 days is the longest a tourist stay can run, so the number on your stamp is your limit even when it is lower.
What happens if you overstay in the US
One day past your I-94 date does not trigger a ban, but it does cost you the visa or the Visa Waiver access you came in on. The bigger penalty is a bar on coming back, and it depends on how many days of unlawful presence you build up.
| Unlawful presence | What follows | Runs from |
|---|---|---|
| 180 days or fewer | No 3- or 10-year bar, but the visa you entered on is void | No bar to run |
| More than 180 days, less than 1 year | 3-year bar, if you leave before removal proceedings start | The day you leave |
| 1 year or more | 10-year bar | The day you leave or are removed |
| More than 1 year in total, then entering or trying to enter without being admitted | A bar with no end date; DHS can consent to a new application after 10 years outside the US | Your last departure |
Some time never counts toward the bars: days before your 18th birthday, days while a genuine asylum application is pending (unless you work without authorization), and time under family-unity protection. Some victims of trafficking or abuse are exempt.
Filing on time also matters. A nonfrivolous application to extend or change your status, filed before your I-94 date and without any unauthorized work, pauses the count toward the 3-year bar while it is pending, for up to 120 days.
For a green card or immigrant visa, the waiver of the 3- and 10-year bars exists only for the spouse, son or daughter of a US citizen or permanent resident, when refusal would cause extreme hardship to that citizen or resident spouse or parent. It is discretionary, and no court can review the decision. A separate discretionary waiver can let someone with a bar visit temporarily on a nonimmigrant visa.
Daniel, a sample visitor on a B-2 visa, has an I-94 record that authorizes his stay until 1 Mar 2026. He stays on and flies home on 17 Sep 2026.
| Date | Day of unlawful presence | Where he stands |
|---|---|---|
| 2 Mar 2026 | 1 | Overstaying, and his visa is now void |
| 28 Aug 2026 | 180 | A departure on this day or earlier brings no 3-year bar |
| 29 Aug 2026 | 181 | Past 180 days: the 3-year bar applies when he leaves |
| 17 Sep 2026 | 200 | Departs; the 3-year bar runs until 17 Sep 2029 |
Day 180 itself does not trigger the bar; it takes more than 180 days. Even with a departure on 28 Aug, his visa would still be void.
Overstay fines and bans by country
Outside the US, most countries charge a fine by the day or the month, then move to deportation or a ban once an overstay runs long.
| Country | Fine | What can follow | Ban length |
|---|---|---|---|
| Schengen area | Set by each country | Removal, detention, an EES overstayer listing, an entry ban with some return decisions | In principle 5 years at most |
| Thailand | 500 baht a day, up to 20,000 baht | Deportation and a ban after more than 90 days over; a ban after any arrest | 1 to 10 years |
| Indonesia | IDR 1,000,000 a day, for under 60 days | Deportation and a re-entry ban after more than 60 days | Up to 10 years, extendable by up to 10 |
| Philippines | PHP 500 a month, paid with an extension | A blacklist order that bars entry | Lifting it takes a letter to the BI Commissioner |
| Vietnam | A fine you must pay before you can leave | Deportation and a ban on future visits | No length given |
Schengen area: EES records and entry bans
A visa-free visitor overstays in Schengen on the first day that breaks the 90/180 rule: more than 90 days inside the 29 countries in the 180 days ending that day. Since 10 Apr 2026, the EU’s Entry/Exit System (EES) records every entry and exit of a short-stay visitor and adds overstayers automatically to a list that border, immigration and visa staff can see.
Each Schengen country sets its own penalty, which can include removal, a fine, detention and being refused entry on a later trip. Some return decisions come with an entry ban. Both are entered in the Schengen Information System, and a ban should not in principle exceed 5 years. If no exit is recorded, the EES keeps your data for 5 years from the end of your authorized stay.
A record can be corrected. If something you could not foresee, such as a hospital stay, caused the overstay, credible evidence given to the border or immigration authorities can get it amended.
Thailand: 500 baht a day and bans up to 10 years
Thailand fines 500 baht for each day over, up to 20,000 baht, and you pay it at the immigration checkpoint before you are allowed to leave. The fine stops growing at 40 days, since 40 days at 500 baht is 20,000.
Bans follow Ministry of Interior Order 1/2558, in force since 20 Mar 2016 and set out by the Thai embassy in Abu Dhabi. If you surrender, more than 90 days over brings a 1-year ban, more than 1 year a 3-year ban, more than 3 years a 5-year ban and more than 5 years a 10-year ban. If you are arrested, under 1 year over brings a 5-year ban and more than 1 year a 10-year ban. Every ban runs from the day you leave.
Indonesia: IDR 1,000,000 a day, deportation after 60 days
Indonesia charges IDR 1,000,000 for each day of overstay, and under its immigration law the fine covers overstays of less than 60 days. More than 60 days means deportation and a re-entry ban of up to 10 years, which can be extended by up to 10 more. Deportation is possible earlier if the fine goes unpaid.
Paying does not buy time. If your permit cannot be extended, as with a visa-exempt entry or a visa on arrival already extended once, you still have to leave after you pay.
Philippines: PHP 500 a month and the blacklist
The Bureau of Immigration (BI) fee list, dated 6 Mar 2014, adds an overstay fine of PHP 500 a month to the fees for extending a visa-free stay. An overstay of more than 6 months also needs a motion for reconsideration, at PHP 500 plus PHP 10. Overstaying is one of the common reasons for a Black List Order, which bars you from entering the Philippines, and lifting one takes a letter to the BI Commissioner.
Vietnam: no exit until the fine is paid
If you overstay in Vietnam, the authorities can stop you leaving until you pay a fine, and you could be deported and barred from future visits, according to UK government travel advice. Check the leave-by date in your entry stamp before you walk away from the border post: if it is wrong, you could be accused of overstaying.
Each sample traveler below leaves after the last date on their entry stamp, and the fines use the rates above.
| Overstay | Country | Fine | Ban |
|---|---|---|---|
| 3 days, after a canceled flight | Thailand | 3 x 500 = 1,500 baht | None |
| 45 days, surrenders at the airport | Thailand | 22,500 baht, capped at 20,000 | None |
| 100 days, surrenders at the airport | Thailand | 20,000 baht | 1 year from departure |
| 100 days, arrested | Thailand | 20,000 baht | 5 years from departure |
| 3 days | Indonesia | IDR 3,000,000 | None if paid |
| 61 days | Indonesia | Deportation instead | Up to 10 years |
The 2 Thai travelers who stayed 100 days pay the same capped fine. The difference between a 1-year and a 5-year ban is whether they came forward or were caught.
What to do if you have already overstayed
Every extra day adds to the fine or to the count toward a ban. Work out where you stand first, then settle the overstay through the official channel.
How to settle an overstay
- Find the last date you were allowed to stay: the I-94 record in the US, the entry stamp in most of Asia, the EES record in Schengen.
- Count the days since then, starting with the day after that date, and note which of the rules above already applies to you.
- Collect proof if something outside your control kept you, such as hospital records or a cancellation notice from the airline.
- Talk to an immigration lawyer if the overstay is in the US, because the bars start when you leave and the waiver rules are narrow.
- Settle it through the official channel, with enough money for the fine: Thailand collects it at the departure checkpoint, and the Philippines adds it to an extension at a Bureau of Immigration office.
- Keep the receipt for any fine and your exit record, and answer truthfully if a border officer on a later trip asks about the overstay.
How to stay longer without overstaying
The legal way to get more time is extending your tourist stay before your last day, where the country allows it. The Philippines lets visa-free visitors extend their first 30 days by 29 at a Bureau of Immigration office, and Indonesia extends a visa on arrival once but not a visa-exempt entry. In the US, USCIS asks visa holders to apply at least 45 days before the I-94 date, and Visa Waiver entrants cannot extend at all.
Visa Waiver visitors have one narrow fallback. If an emergency stops you leaving on time, US immigration can grant a satisfactory departure period of up to 30 days, and leaving within it does not count as an overstay.
If your plans keep outrunning visitor limits, a longer permit such as one of the digital nomad visas some countries issue to remote workers lets you stay without using up visitor days.
Frequently asked questions
What happens if you overstay your visa by one day?
Even one day has a cost, and what it is depends on the country. In the US, one day does not trigger the 3- or 10-year bar, but it voids the visa you entered on. Thailand charges 500 baht for the day, Indonesia IDR 1,000,000, and in Schengen the EES lists you as an overstayer.
What should I do if I overstayed my visa in the USA?
Speak to a US immigration lawyer, because the right step depends on how long you have been over and on your family ties. Unlawful presence keeps adding up for every day past your I-94 date, and the 3- and 10-year bars start when you leave. For a green card, a waiver of the bars is open only to close relatives of US citizens or permanent residents.
Can you be deported for overstaying a visa?
Yes. USCIS warns that staying longer than authorized can lead to removal as well as a bar on returning. Thailand deports visitors who overstay more than 90 days, Indonesia deports after more than 60 days, and Schengen countries can order removal under national law.
What happens if I overstay 90 days in Europe?
The EES lists you as an overstayer, and the Schengen country you are in sets the penalty, which can include removal, a fine, detention and refused entry on later trips. Return decisions and entry bans go into the Schengen Information System, and a ban should not in principle exceed 5 years.
How long can you stay in the US after your visa expires?
Until the date on your I-94 record, not the expiry date printed on the visa. Unlawful presence is counted from the end of the period of stay you were authorized, which is the I-94 date. USCIS tells visitors to check that date and to apply for any extension at least 45 days before it.
Can I pay an overstay fine and stay longer?
Not by paying alone: a fine does not give you more days. Indonesia says that if your permit cannot be extended, you still have to leave after paying. In the Philippines the monthly overstay fine is paid together with the fees for an extension, so the extension is what lets you stay.
Can an overstay ban or record be removed?
Sometimes. In Schengen, credible evidence that something unforeseeable caused the overstay, such as a hospital stay, can get the EES record amended. In the US, the green-card waiver of the 3- and 10-year bars is open only to close relatives of citizens or permanent residents, and a separate waiver covers temporary visits. In the Philippines, lifting a blacklist order takes a letter to the Bureau of Immigration Commissioner.
Keep reading
All stay rules guides
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