17 days Visa overstay

[Frank Zander 5]

Due the covid-19 i overstayed my work visa by 17 days. What can i expect when my former employer files my petition in september? I didnt found anything on google for such a time of overstay.

[geowrian 22,337]

It's not a ban, but it may be something the CO considers. If they think you will overstay again, they cannot issue the visa.

I'm not the CO, but I do not think it would be much of an issue for a work visa. Tourist visa? Possibly.

[Quarknase 1,072]

8 minutes ago, Frank Zander said:

Due the covid-19 i overstayed my work visa by 17 days. What can i expect when my former employer files my petition in september? I didnt found anything on google for such a time of overstay.

What does “due to covid-19” mean? That will likely have an impact on considerations. I believe overstay is overstay, and it would have been your responsibility to leave before visa expiration. With possible exceptions if for instance there are no flights to your country/flights have been cancelled/embassy couldn’t help you to get home during grace period.

There’s not much info yet if covid gets relaxed treatment since it’s so new, but generally one is responsible to leave the US (destination: the US doesn’t care) before a visa expires).
 

Please fill out your timeline so folks can advise better.

 

[Frank Zander 5]

17 minutes ago, Quarknase said:

What does “due to covid-19” mean? That will likely have an impact on considerations. I believe overstay is overstay, and it would have been your responsibility to leave before visa expiration. With possible exceptions if for instance there are no flights to your country/flights have been cancelled/embassy couldn’t help you to get home during grace period.

There’s not much info yet if covid gets relaxed treatment since it’s so new, but generally one is responsible to leave the US (destination: the US doesn’t care) before a visa expires).
 

Please fill out your timeline so folks can advise better.

 

So it doesnt matter if 17 days or almost 6 month thats funny. But thanks for the info,i still gonna try my luck. 

[Bajinga 136]

unlikely to be factor alone IMO. just out of curiosity, why did you not file extension of stay before your visa had expired?

Edited June 15, 2020 by Bajinga

[Quarknase 1,072]

4 hours ago, Frank Zander said:

So it doesnt matter if 17 days or almost 6 month thats funny. But thanks for the info,i still gonna try my luck. 

Not exactly. Anything below 180 days overstay does not trigger an automatic 3 year ban from re-entering. @geowrian mentioned above that it’s no automatic ban.

You didn’t answer my question but the circumstances and your home country can possibly play a role.

For instance since the outbreak, daily commercial flights to Germany, UK, and  other countries were still operating, but to many countries they weren’t. Or if you got tested positive right before a booked flight and had to cancel. 
The CO will likely ask for the reason (and covid itself is not an explanatory answer), but if you have a plausible response you might not face an issue.

[Frank Zander 5]

5 hours ago, Quarknase said:

Not exactly. Anything below 180 days overstay does not trigger an automatic 3 year ban from re-entering. @geowrian mentioned above that it’s no automatic ban.

You didn’t answer my question but the circumstances and your home country can possibly play a role.

For instance since the outbreak, daily commercial flights to Germany, UK, and  other countries were still operating, but to many countries they weren’t. Or if you got tested positive right before a booked flight and had to cancel. 
The CO will likely ask for the reason (and covid itself is not an explanatory answer), but if you have a plausible response you might not face an issue.

Im from Germany,Berlin to be straight. But compared to the gated community where i lived and worked was the situation in Berlin very bad and i just didnt felt safe to go back,i had a food poisoning days before the expiration date. Im not expacting that the CO believes me and thats ok,but if the 17 days are a big problem then i dont even need to apply for the visa. So that was just my question.