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Overstayed B1/B2 I 94 by 120 days and intend applying for f1 visa to study nursing

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  • Overstayed B1/B2 I 94 by 120 days and intend applying for f1 visa to study nursing

    Hi All,

    I kindly need advice, suggestions or an immigration attourney.

    I got my B1\B2 visa in November 2017 for a conference in the US . I visited the U.S and left.

    In 2018 I got pregnant and decided to have my child in u.s since my visa is still valid for 2 years I am a Nigerian citizen.

    I immediately informed the embassy on my new travel plans into the u.s.
    The embassy replied acknowledging the mail and also stating only the CBP could allow a traveler into the country or not.


    Jan 2019 I arrived the airport and showed the officer the updated mail I sent to the embassy,
    my correspondence with the hospital in US and my proof of funds. The CBP officer stamped my visa i94 and I was in.


    I gave birth late March 2019, my i94 expired mid july 2019, and I didn’t leave US until mid nov 2019.
    After birth I didn’t know how to apply for an extension, I was overwhelmed with a bad tear from birth
    and also a delay from birth center documentation I got my childs passport in August.


    I would like to apply for an f1 visa to study nursing in the US now.
    Can you put me through on the possibilities on getting a visa, my child is already a citizen, but my partner and I would have to apply for visa.

    I got the first visa from outside Nigeria, and I am currently living in UK
    My concerns are the questions the VO would ask on the intent to leave after study and a lot of other questions,
    but ild also like my child to school and grow in the US, and myself I would like to study too.

    Thank you everyone

  • #2
    It would seem you were only unlawfully present for around 120 days. You don't incur the three year bar until 180 days. Howeer, having a US citizen child and prior overstay will potentially raise a red flag. In fact, your statements here indicate you have immigrant intent. I would seriously recommend you speak to an attorney before you make a bigger mess.

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    • #3
      thank you

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