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F1 overstayed left the country, would like to come back to visit

Salt Lake City, UT |

I went to school for 3 years in the US, and in my last year I was sick, which forced me to drop out of school. I overstayed for a few years. I was never caught, or received any letters from USCIS informing me of my violation. What are my chances of coming back with a tourist Visa?
Would they know I overstayed since my I-94 is for duration of status? Thanks in advance.

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Attorney answers 2


You are likely not subject to an admissibility bars for the overstay as you were admitted to the U.S. under "D/S." Thus a notice or finding by the District Director or the immigration judge are the only triggers to unlawful presence accrual. That's the legal side. There is the discretionary side. A CBP officer can deny you entry for discretionary reasons including the overstay. You may want to retain counsel and get a plan together on how best to present your case to both the Department of State and CBP.



How long should I wait until I am able to apply again? I have been back to my home country for year, and my best friend is getting married thus why I wanted to able to be part of her wedding.

Philip Alan Eichorn

Philip Alan Eichorn


As I'm not your attorney, I cannot advise you how long to wait to attempt to reenter or how to proceed. We can give guidance based on problems presented, but without careful consideration of all of your facts and circumstances and a written agreement defining representation, we cannot provide direct legal advice. If you'd like to retain us, please feel free to contact us.


I agree with counsel Eichorn and would also ask how old you were when you left? Unlawful presence does not begin to accrue until you are 18 years of age.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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