Jump to content
nirvana0920

Overstayed B1 because of miscommunication. Will this have consequences?

 Share

15 posts in this topic

Recommended Posts

Filed: Country: Norway
Timeline

I recently returned from traveling to the US on a business plus tourism visa (B1/B2). I stayed there for about three weeks. I didn't notice on time that I was admitted on a B1 visa alone for only two weeks. I bought my two way ticket before I travelled. This means that I have 'overstayed' my admittance by about 10 days. I have stated my purpose of stay as business plus tourism to the border immigration officer. I didn't expect that I would be admitted for such a short period and only on B1. What can I do now? Will this be considered as an overstay? Will there be any consequences? Thank you!

Link to comment
Share on other sites

Filed: FB-2 Visa Country: Bangladesh
Timeline

Since you overstayed your visa less than 180 days, you will not be barred from re-entering. But, the next time you try to enter the US, the border officer will see that you overstayed the last time and it is up to them to decide if they will let you in or not. Since it's only ten days, they will probably let you in. I think it becomes more of an issue when you overstay by a couple of months.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

I recently returned from traveling to the US on a business plus tourism visa (B1/B2). I stayed there for about three weeks. I didn't notice on time that I was admitted on a B1 visa alone for only two weeks. I bought my two way ticket before I travelled. This means that I have 'overstayed' my admittance by about 10 days. I have stated my purpose of stay as business plus tourism to the border immigration officer. I didn't expect that I would be admitted for such a short period and only on B1. What can I do now? Will this be considered as an overstay? Will there be any consequences? Thank you!

Hi,

By overstaying the permitted time on your I-94, your visa was automatically cancelled.

You do not have a ban for overstaying. You would need to overstay by 180 days to get a ban.

You will need a new visa to visit the U.S. You will be given the opportunity to explain your situation.

Best of luck

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

Since you overstayed your visa less than 180 days, you will not be barred from re-entering. But, the next time you try to enter the US, the border officer will see that you overstayed the last time and it is up to them to decide if they will let you in or not. Since it's only ten days, they will probably let you in. I think it becomes more of an issue when you overstay by a couple of months.

Incorrect. The overstay automatically voided his visa. They will not let him in without a new one. There is no discretion for CBP to let him in.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Why did you not use the VWP?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

SORRY, TYPO, Wanted to say you will not be banned.

It doesn't seem a typo. The OP asked " will this have the consequence?" and you replied " yes" not " no" if you meant to say " you will not be banned".

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

Link to comment
Share on other sites

It doesn't seem a typo. The OP asked " will this have the consequence?" and you replied " yes" not " no" if you meant to say " you will not be banned".

Hehe

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Link to comment
Share on other sites

Hehe

:)

I'm not a native speaker and do not have a perfect English in the world. I am just speaking the logic of words and I believe this is apply to most of languages if not all. Sounds to me someone has made mistake but doesn't want to admit it. What if another posters did not reply at all after this poster? The OP would believe what it's been said.

Edited by Girl from Celebes

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

Thanks all. Should I contact the embassy and clarify that it wasn't deliberate?

It doesn't matter if it was deliberate or not. Your visa is now void and the only remedy is another B1/B2 application. At the interview, you can make your case.

Best of luck

Link to comment
Share on other sites

Filed: Other Country: Canada
Timeline

It doesn't matter if it was deliberate or not. Your visa is now void and the only remedy is another B1/B2 application. At the interview, you can make your case.

Best of luck

This. Unfortunately your ignorance doesn't matter to uscis.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...