Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.

If you stay in the USA for 4 months as a visitor, the consequences depend entirely on your initial authorization. For most visitors entering on a B-1/B-2 Tourist Visa, a stay of up to 6 months is typically granted upon arrival by the CBP officer. In this case, staying for 4 months is perfectly legal, provided you do not engage in unauthorized work. However, if you entered under the Visa Waiver Program (ESTA), you are strictly limited to a 90-day maximum stay. Staying for 4 months (approx. 120 days) on an ESTA would constitute an "overstay." Even an overstay of a single day can result in your ESTA being permanently revoked, making you ineligible for future visa-free travel and requiring you to apply for a formal visa at a US embassy for any future visits. For stays longer than 180 days, you could face a 3-year or 10-year ban from re-entering the country. Always check your Form I-94 (Arrival/Departure Record) online to see your specific "Admit Until" date. If you need to stay longer than originally granted, you must apply for an extension using Form I-539 at least 45 days before your time expires.