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Explanation Letter for Unlawful Presence / Visa Overstay Template
Clearly explain your visa overstay or unlawful presence and ask immigration to consider your circumstances and supporting evidence.
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Explanation Letter for Unlawful Presence / Visa Overstay Template
[Your Full Legal Name]
[Street Address]
[City, State/Province, ZIP/Postal Code]
[Country]
Phone: [Phone Number]
Email: [Email Address]
[Date]
To: [Name of Immigration Authority / Consulate / Embassy / “To Whom It May Concern”]
Subject: Explanation of Unlawful Presence / Visa Overstay – [Your Full Legal Name]
Dear Sir or Madam,
1. Personal Information and Case Reference
My name is [Your Full Legal Name]. I was born on [Date of Birth] in [City, Country of Birth]. My passport number is [Passport Number] issued by [Country].
This letter is submitted in connection with my [type of case, e.g., “immigrant visa application,” “nonimmigrant visa application,” “adjustment of status application,” “waiver application”] under case/receipt number [Case or Receipt Number, if any].
2. Immigration History and Timeline
I respectfully provide the following summary of my immigration history:
I entered [Country] on [Date of Entry] with [Type of Visa, e.g., “B-2 visitor visa,” “F-1 student visa”].
My authorized stay was until [Date of Authorized Stay Expiration].
I remained in [Country] until [Actual Date of Departure, if you already left, or “I am currently still present in [Country]”].
As a result, I accrued unlawful presence and/or overstayed my authorized stay from [Start Date of Unlawful Presence/Overstay] to [End Date or “present”].
3. Explanation of Unlawful Presence / Visa Overstay
I acknowledge that I did not depart or change/extend my status before my authorized stay ended. I take responsibility for this overstay and wish to explain the circumstances that led to it.
The main reasons for my overstay were:
[Reason 1, such as a serious medical condition, family emergency, financial crisis, or misunderstanding of immigration rules.]
[Reason 2, if applicable.]
[Any additional relevant circumstances.]
At the time, I made decisions that I now understand had serious immigration consequences. I regret not seeking timely legal advice or taking the correct steps to maintain my status or depart on time.
4. Steps Taken to Address and Correct the Situation
Since becoming aware of the seriousness of my unlawful presence/overstay, I have taken steps to address my situation and demonstrate respect for immigration laws, including:
[Step 1, such as leaving the country on a certain date, consulting an immigration attorney, or filing an application to try to correct status.]
[Step 2, such as maintaining a clean record, complying with all other laws and requirements, or supporting family members lawfully present.]
[Any other positive actions taken.]
I have not knowingly violated any criminal laws and have tried to live responsibly, work or study (where authorized), and support my family within the limits of the law.
5. Family, Hardship, and Equities (If Relevant)
My immigration situation affects not only me, but also my family and close relatives. My immediate family includes:
[Name, relationship, and immigration/citizenship status of spouse/partner, if applicable.]
[Names, relationships, and statuses of children or other dependents, if applicable.]
If my case is denied or if I am unable to regularize my status, the impact on my family would include:
[Brief description of emotional hardship.]
[Brief description of financial or caregiving hardship.]
[Any medical, educational, or other special circumstances.]
I respectfully ask that you consider these factors together with my explanation and efforts to correct my situation.
6. Expression of Remorse and Respect for the Law
I fully understand that immigration laws must be followed and that my period of unlawful presence/overstay is a serious matter. I sincerely regret my failure to maintain lawful status and not resolving this issue sooner.
It is my intention to comply fully with all immigration requirements going forward and to avoid any further violations. I respectfully ask that you take into account my explanation, my current circumstances, and the steps I have taken to act responsibly.
7. Supporting Documents
To support this explanation, I am including copies of the following documents (where available):
Passport biographical page and visa pages;
I-94 or entry/exit records;
Prior approval notices, denial notices, or correspondence from immigration authorities;
Medical records, death certificates, or other documents related to emergencies, if applicable;
Evidence of family ties and financial responsibilities;
Any additional documents relevant to the reasons for my overstay and my current situation.
8. Closing Statement and Request
In light of the above, I respectfully ask that you consider my explanation of unlawful presence/overstay and exercise any discretion available under the law in reviewing my [type of application or request].
Thank you for taking the time to review my situation and for your consideration of this letter.
Sincerely,
[Your Signature]
[Your Printed Full Legal Name]
[City, State/Province]
[Date of Signature]
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Learn more about
Explanation Letter for Unlawful Presence / Visa Overstay Template
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
EXPLANATION LETTER FOR UNLAWFUL PRESENCE / VISA OVERSTAY TEMPLATE FAQ
What is an explanation letter for unlawful presence or overstaying a visa?
An explanation letter for unlawful presence or overstaying a visa is a formal statement to an immigration authority where you explain when and how your status became unlawful, why you overstayed, what you have done to correct the problem, and why you are asking for understanding or relief in your current case.
When do you need a letter explaining a visa overstay or unlawful presence?
You may need this type of letter when you apply for a waiver, adjustment of status, consular processing, a new visa, or when an immigration officer or consulate asks you to explain your time in unlawful status. It can also be included proactively if your history shows clear periods of overstay or unlawful presence.
What should a visa overstay or unlawful presence explanation letter include?
A strong explanation letter usually includes: your full identity and contact details; your immigration history (entries, exits, and authorized stay dates); a clear timeline of when your stay became unlawful; honest reasons for the overstay (such as medical, family, financial, or legal issues); steps you have taken to fix your situation; any hardship for you or your family; and a respectful request for consideration.
What are common mistakes in letters explaining unlawful presence or overstaying a visa?
Common mistakes include:
Giving very vague or incomplete dates and facts.
Minimizing or denying the overstay when records clearly show it.
Blaming others without taking any responsibility.
Using an angry or disrespectful tone toward immigration authorities.
Not mentioning any positive steps taken to comply with the law afterward.
Clear facts, sincere remorse, and proof of changed behavior are usually more helpful than emotional or argumentative language.
Is this explanation letter template legal advice?
No. This Explanation Letter for Unlawful Presence / Visa Overstay Template is a general drafting aid only. It does not interpret immigration law, does not decide whether you qualify for any waiver or benefit, and does not guarantee an outcome. Rules about unlawful presence and bars to admission are complex. You should consult a licensed immigration attorney or accredited representative about your specific situation.
How can AI Lawyer help with an unlawful presence or visa overstay letter?
AI Lawyer can help you organize your dates, reasons, and supporting facts into a clear, structured letter using this template. You must provide accurate information, attach supporting evidence, and get legal advice where needed. Any AI-generated text is for drafting support only and is not a substitute for legal advice.
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