Overstaying your visa is not a crime. The Immigration and Nationality Act (INA) contains only civil penalties for an immigrant who overstays her visa. This mean

Overstaying your visa is not a crime. The Immigration and Nationality Act (INA) contains only civil penalties for an immigrant who overstays her visa. This means that immigrants with an expired visa will not be charged criminally or serve time in jail. Entering country illegally however IS a crime.