I overstayed in US last year

[Oana31 0]

Initially, I had an H2B visa, then I aplied for a F1 visa. USCIS asked for further evidence, which I provided, but in the meantime my visa expired, and 4 months after my visa expired I got a negative answer regarding change of visa. Since I was broke, I had to stay some more there to pay some debts, etc.etc, buy plane tickets, so the total of my overstay is 9 months. What can happen to me?

Do you think they will deny my K1 visa?

[john_and_marlene 162]

Do you think they will deny my K1 visa?

Yes.

A waiver is possible after the denial.

[KimandRuss 0]

An overstay of 180 days to 12 months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

Ast stated above, they may approve you initially but you will most likely need a waiver which could take some time. See a good immigration attorney.

[william_wallace 8]

An overstay of 180 days to 12 months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

Ast stated above, they may approve you initially but you will most likely need a waiver which could take some time. See a good immigration attorney.

Wonder if there's a ban if you overstay between 1 day - 179 days?

[rebeccajo 14]

An overstay of 180 days to 12 months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

Ast stated above, they may approve you initially but you will most likely need a waiver which could take some time. See a good immigration attorney.

Wonder if there's a ban if you overstay between 1 day - 179 days?

No there isn't.

[ikarus 1]

Initially, I had an H2B visa, then I aplied for a F1 visa. USCIS asked for further evidence, which I provided, but in the meantime my visa expired, and 4 months after my visa expired I got a negative answer regarding change of visa. Since I was broke, I had to stay some more there to pay some debts, etc.etc, buy plane tickets, so the total of my overstay is 9 months. What can happen to me?

Do you think they will deny my K1 visa?

With the war on terror at its full force, and since there are no terrorists to arrest, you might also be arrested and what happens after that, god knows.

Woman arrested at JFK for overstaying U.S. visa more than a decade earlier

REYKJAVIK, Iceland - Iceland's government has asked the U.S. ambassador to explain the treatment of an Icelandic tourist who says she was held in shackles before being deported from the United States.

The woman, Erla Osk Arnardottir Lillendahl, 33, was arrested Sunday when she arrived at JFK airport in New York because she had overstayed a U.S. visa more than 10 years earlier.

http://www.msnbc.msn.com/id/22263392/

[KimandRuss 0]

Yeah, I think it's a tad extreme to think he/she would face similar circumstances...especially where it was less than a year and another visa was at least in process at the time. Overcoming this to receive the K1 and be able to enter legally is part of what he/she is asking. Not if he/she comes for a visit and is then detained and deported.

If you're coming in on a K1 and have been approved then you obviously would have already taken care of the overstay with a waiver to receive the visa and you will be set to enter.

good luck to you.

[payxibka 10,044]

An overstay of 180 days to 12 months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

Ast stated above, they may approve you initially but you will most likely need a waiver which could take some time. See a good immigration attorney.

The petition will be approved, the visa will be refused, a waiver submission will be required.

[*JG* 2]

An overstay of 180 days to 12 months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

Ast stated above, they may approve you initially but you will most likely need a waiver which could take some time. See a good immigration attorney.

The petition will be approved, the visa will be refused, a waiver submission will be required.

That's what I think to. So, you might as well start looking into the waiver now.

[Oana31 0]

Well, I applied for a Change of Status, and the negative answer to that came 4 months after my visa expired. As far as I know, the fact that I had applied with USCIS for another visa would legally cover those 4 months.

The problem is, actually, that I overstayed a little bit less than 6 months after I got my negative answer. So, considering that I have less than 6 months overstayed, do you think I will still have to go through all that waiver thing?

Thanks a lot !

[Nao 0]

Well, I applied for a Change of Status, and the negative answer to that came 4 months after my visa expired. As far as I know, the fact that I had applied with USCIS for another visa would legally cover those 4 months.

The problem is, actually, that I overstayed a little bit less than 6 months after I got my negative answer. So, considering that I have less than 6 months overstayed, do you think I will still have to go through all that waiver thing?

Thanks a lot !

Hi Oana31.

If I were you, I would consult a good immigration attorney. Discussing your concern here won't really solve your anxiety. You should go and talk to a professional.

Good Luck

Nao

[zqt3344 21]

Probably have to file a special waiver stating why and how so you can get K1, good luck.

Initially, I had an H2B visa, then I aplied for a F1 visa. USCIS asked for further evidence, which I provided, but in the meantime my visa expired, and 4 months after my visa expired I got a negative answer regarding change of visa. Since I was broke, I had to stay some more there to pay some debts, etc.etc, buy plane tickets, so the total of my overstay is 9 months. What can happen to me?

Do you think they will deny my K1 visa?

[lokashadow04 0]

Do you think they will deny my K1 visa?

Yes.

A waiver is possible after the denial.

Hello,

I also have same problem,, i was overstaying in japan b4 almost 10 yrs ago for 3 yrs..is that also can affect to my k1 visa application???

plz any one can help to figure this out po?

[pushbrk 12,160]

Do you think they will deny my K1 visa?

Yes.

A waiver is possible after the denial.

Hello,

I also have same problem,, i was overstaying in japan b4 almost 10 yrs ago for 3 yrs..is that also can affect to my k1 visa application???

plz any one can help to figure this out po?

An overstay in Japan has no impact on a visa to the USA unless criminal activity shows up on your police report from Japan. If you lived there three years, you'll need that police report.

Edited June 15, 2008 by pushbrk

[rebeccajo 14]

Well, I applied for a Change of Status, and the negative answer to that came 4 months after my visa expired. As far as I know, the fact that I had applied with USCIS for another visa would legally cover those 4 months.

The problem is, actually, that I overstayed a little bit less than 6 months after I got my negative answer. So, considering that I have less than 6 months overstayed, do you think I will still have to go through all that waiver thing?

Thanks a lot !

Your overstay includes the time you had another petition in process. If a request is denied, the clock reverts and starts to tick when the original infraction began.