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over staying query?

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  • over staying query?

    I went to the US last March 2003 with a B1/B2 visa and was given 6 months to stay. After a few months I applied for an extension and change of status before my I-94 expired. I planned to study there but later on I changed my mind and did not wait for the decision and went back home December 2003. Did I over stay for 3 months? If I did, did I already serve the "self-ban or restriction"? It's been 4 years and I am planning to go back the the US for only the second time next year.

    Thank you so much. God bless...

  • #2
    If you left before your I-94 expired you never overstayed. You have not triggered any bans.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Re: overstaying query

      I overstayed for 3 months but I have a pending application for extension which I did not wait for the decision. Am I covered by the "3,5,10 year restriction ban"? It's been 4 years since my next planned visit to America.

      Thanks again.

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      • #4
        If you overstay the date on your I-94 for more than 180 days, then you triggered a ban for 3 years.

        If you overstay more than 365 days, then you triggered a ban for 10 years.

        Otherwise you are fine, your visa, however... is void. You will have to apply for a new one (unless you extension was granted).
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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