, How long can I overstay my visa until I get into trouble?

How long can I overstay my visa until I get into trouble?

The answer is zero and never, however, you will not trip the three-year bar until 180 days or more. 

You may be questioned by a border patrol officer upon your return asking why you have overstayed your visa, but if it is below 180 days, there is no statutory penalty.  The question may come up then, “If there is no penalty for an overstay, then is the 180 days really just an extended grace period for visa holders?” 

The answer is no.  If you try to adjust your status, you may not because you have no status.  You are accruing unlawful presence or have unlawful status.  If you are just leaving late or taking advantage of the loophole, you may be questioned and may need a waiver for the visa.

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