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  • Overstay in US

    wat am i gonna do cos i overstay in the United state?would i still be able to return home after been here for a few month?wat are the consequence?

  • #2
    Originally posted by tay8227
    wat am i gonna do cos i overstay in the United state?would i still be able to return home after been here for a few month?wat are the consequence?
    You can return home anytime.

    How long did you overstay?
    Consequences;
    1. Your current visa is automatically cancelled. You will have to apply only
    at home country for another visa to enter when you will have to explain why
    you overstayed.
    Also,
    If you overstayed more than 180 days but less than one year you
    cannot enter for 3 years.
    Overstayed more than one year you cannot enter for 10 years.

    Comment


    • #3
      Overstay after B2 tourist visa extension denial

      Dear Taco,
      My cousin has been denied his B2 tourist visa extension on April 11th, during his third vacation trip to United States in last 7 years. By overstaying under 30 days:
      1) can he still apply for reentry as a tourist in the near future and what chances he has of obtaining another permission to visit US under his B2?

      3) what chances he has to obtain a student visa in next year?

      Comment


      • #4
        It will be hard to convince the CO once the visitor overstays.

        Comment


        • #5
          If the circumstances of overstay are legitimate, like an illness, it is possible to get another visa. I know people who have got visas after overstaying because they had a compelling reason to revisit US.
          Originally posted by VisaChief001
          It will be hard to convince the CO once the visitor overstays.

          Comment


          • #6
            Help Please...

            Good day everyone, i hope you can help me out with my dilemma. I have entered the US last June 2004 in a tourist visa and my I94 expires at December of the same year. We applied for an extension of stay which expires at June 2005 but i didn't go back to my country until September 2005 which i willingly did without anyone ever arresting me and having me go back. My questions are:
            1. Does the INS have records of departures of US visitors?
            2. Will i still be subject to a 3-yr bar eventhough i went back to my country willingly?
            3. Can i still enter the US?
            4. What can i do to re-enter the US if i were to be subject to a 3-yr bar?
            Please help me.... Thank you

            Comment


            • #7
              Help Please...

              Good day everyone, i hope you can help me out with my dilemma. I have entered the US last June 2004 in a tourist visa and my I94 expires at December of the same year. We applied for an extension of stay which expires at June 2005 but i didn't go back to my country until September 2005 which i willingly did without anyone ever arresting me and having me go back. My questions are:
              1. Does the INS have records of departures of US visitors?
              2. Will i still be subject to a 3-yr bar eventhough i went back to my country willingly?
              3. Can i still enter the US?
              4. What can i do to re-enter the US if i were to be subject to a 3-yr bar?
              Please help me.... Thank you

              Comment


              • #8
                Help Please...

                Good day everyone, i hope you can help me out with my dilemma. I have entered the US last June 2004 in a tourist visa and my I94 expires at December of the same year. We applied for an extension of stay which expires at June 2005 but i didn't go back to my country until September 2005 which i willingly did without anyone ever arresting me and having me go back. My questions are:
                1. Does the INS have records of departures of US visitors?
                2. Will i still be subject to a 3-yr bar eventhough i went back to my country willingly?
                3. Can i still enter the US?
                4. What can i do to re-enter the US if i were to be subject to a 3-yr bar?
                Please help me.... Thank you

                Comment


                • #9
                  Philada

                  Philada,
                  Important questions for you;
                  1. Did you deposit the extended I-94 (with the june 2005 date) with the airport staff when you left US in sept 05?
                  2. Do you have a copy of the extended I-94?
                  3. What was the exact expiry date on the extended I-94 and the exact date of your departure from US?

                  Once I know the above info , I'll answer your questions.

                  Originally posted by PhilAda
                  Good day everyone, i hope you can help me out with my dilemma. I have entered the US last June 2004 in a tourist visa and my I94 expires at December of the same year. We applied for an extension of stay which expires at June 2005 but i didn't go back to my country until September 2005 which i willingly did without anyone ever arresting me and having me go back. My questions are:
                  1. Does the INS have records of departures of US visitors?
                  2. Will i still be subject to a 3-yr bar eventhough i went back to my country willingly?
                  3. Can i still enter the US?
                  4. What can i do to re-enter the US if i were to be subject to a 3-yr bar?
                  Please help me.... Thank you

                  Comment


                  • #10

                    On your first question: No i did not. I bought a ticket and left.
                    On your second wuestion: Yes i have a copy of the extended I-94.
                    On your third question: I think it's either june 23, 2005 or June 24, 2005(expiry of the extended I-94) and my exact departure is september 25, 2005.

                    Please please help me

                    Comment


                    • #11
                      First of all, you are not subject to the 3 year bar because your overstay was
                      less than 180 days. But, because you did not deposit the extended I-94 with
                      the airline staff at the time of leaving US, the Immigration
                      records do not have a date of your departure so you are still considered as an overstay.Read the link below carefully to know what you should do next.




                      Getting another B1/B2 after an overstay (even if less than 180 days) is very difficult. The officer at the embassy will know
                      that you overstayed by looking at the arrival stamp on your passport and you should not lie.
                      I suggest, you should find an employer in US who can sponsor you for an H-1 or an employer in India who can send you on an L-1
                      because both H-1 and L-1 visas are unaffected by overstays of less than 180 days.


                      Originally posted by PhilAda

                      On your first question: No i did not. I bought a ticket and left.
                      On your second wuestion: Yes i have a copy of the extended I-94.
                      On your third question: I think it's either june 23, 2005 or June 24, 2005(expiry of the extended I-94) and my exact departure is september 25, 2005.

                      Please please help me
                      Last edited by peace; 09-16-2006, 08:08 AM.

                      Comment


                      • #12
                        You know what, this is my third time in America. The first trip, I lost my I-94 in Chicago and was unable to find it so I had no record of departure. My second time at the POE in Detroit, I thought they will ask me about it but they did not.

                        Comment

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