1. What Is a U.S. Visa Overstay? A visa overstay happens when a person who is not a citizen of the United States stays in the country after the date they were supposed to leave. This date is decided by an officer from Customs and Border Protection when the person first arrives in the United States. The officer tells the person how long they can stay in the country and if they stay longer than that it is considered a visa overstay. The person is supposed to leave the United St