Visa Overstays
Not all unauthorized immigration involves crossing a border. Each year, hundreds of thousands of visitors who entered the U.S. legally on visas remain beyond their authorized stay. This makes visa overstays a major — but often overlooked — component of the unauthorized immigrant population, estimated at 11.0-14.5 million.
Key Insights
Visa Overstays by Fiscal Year
Overstay Rate (%)
Top Overstay Countries (FY2023)
Visa Overstays by Fiscal Year
| FY | Expected Departures | Total Overstays | Overstay Rate |
|---|---|---|---|
| FY2016 | 50,385,523 | 628,799 | 1.25% |
| FY2017 | 52,656,022 | 606,926 | 1.15% |
| FY2018 | 54,728,165 | 666,582 | 1.22% |
| FY2019 | 56,034,507 | 676,422 | 1.21% |
| FY2020 | 22,787,103 | 684,611 | 3% |
| FY2022 | 43,966,539 | 853,955 | 1.94% |
| FY2023 | 50,523,476 | 803,572 | 1.59% |
| FY2024 | 52,000,000 | 478,400 | 0.92% |
Estimated Unauthorized Immigrant Population
| Year | Low Estimate | High Estimate | Source |
|---|---|---|---|
| 2007 | 11.8M | 12.2M | DHS/Pew |
| 2010 | 10.7M | 11.2M | DHS/Pew |
| 2015 | 10.5M | 11.1M | DHS/Pew |
| 2019 | 10.2M | 10.7M | DHS/Pew |
| 2022 | 11.0M | 11.5M | CMS/Pew |
| 2024 | 11.5M | 14.3M | CMS/DHS estimates vary widely |
| 2025 | 11.0M | 14.5M | CMS/DHS — estimates vary; border encounters declined sharply |
What Is a Visa Overstay?
A visa overstay occurs when a foreign national enters the U.S. on a valid visa (tourist, student, work, etc.) and remains beyond their authorized period of admission. Unlike unauthorized border crossers, overstayers entered through a legal port of entry — with a passport, visa, and CBP inspection.
Border Crossings vs. Overstays
The public debate about illegal immigration focuses heavily on the southern border. But research consistently shows that visa overstays have exceeded unauthorized border crossings as a source of new unauthorized immigrants in most recent years. The DHS exit tracking system now catches most air and sea departures, but land departures remain largely untracked.
Consequences of Overstaying
Overstaying a visa triggers automatic visa voidance. Overstayers who accumulate 180 days to 1 year of unlawful presence face a 3-year bar on reentry. Over 1 year triggers a 10-year bar. These penalties apply even if the person eventually leaves voluntarily.
🌎 Border Encounters
12M+ encounters — the other path to unauthorized status.
🚨 ICE Enforcement
How ICE tracks down and deports overstayers and others.
🗽 Legal Immigration
The legal pathways that overstayers originally used.
Sources: DHS Entry/Exit Overstay Reports to Congress, Pew Research Center, Center for Migration Studies.