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I have a visitors visas & F-1 . I was a student for two yrs overstayed by 2 days (about 1 yr ago) can I travel on my visitors?

Chicago, IL |

I graduate but I tried applying for OPT within the 60days got the paper work done but I was unable to continue filing due to extreme hardship. I left immediately after that 60 day grace period. (on the 2nd day after the grace period I left the US). Will my other visitors visa be valid? What would be penalty for overstaying the F-1 status as well?

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Attorney answers 1


The U.S. Government is concerned about those use a non-immigrant visitor visa, but have immigrant intent or some other purpose for the visit. If a person plans to visit, and has 'no intention' to immigrate, work, study or stay longer than is necessary as a visitor during the trip, then entry 'should' be granted. The fact that you left the U.S. and have been outside the U.S. is helpful.

If you have a job in your home country, and will return to it, then it is likely that you will be able to visit the U.S. You 'may' be asked about the overstay, but you seem to have an explanation.

Yet, some make the mistake of giving up what they have in their home country. A few have the intent to live, work or continue their education when entering the U.S. on a B-1/B-2 visitor visa. When anyone wants to enter the U.S., the Customs and Border Protection Agency is required to presume immigrant intent. This means that those who 'appear or indicate' an intention to stay for more than a brief or carefully planned trip can be questioned. If visa abuse seems apparent from questioning, then the visitor visa may be cancelled and the person denied entry and returned to their home country.

Should you need any further assistance, then consider an appointment or teleconference with our office. You may also review the legal guide on B-2 visas.

The above is general information and does not create an attorney client relationship.