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Re-entry after f-1 visa overstay

Saint Louis, MO |

I came to the U.S. on f-1 visa but went out of status twice due to financial difficulty I was able to reinstate my visa the first time). However, I was able get my degree. I have not left the U.S. since I got my degree in 2011. I have now been accepted for a new program at the university I graduated. I am thinking of going back to my country to obtain a new f-1 visa and then returning to start the new degree program. Will the fact that I overstayed my previous f-1 visa affect my chances of getting a new visa? If I obtain the visa, will I be allowed to re-enter if they notice that I overstayed?

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Attorney answers 3

Best Answer

I think you yourself realize that they would see you as a potential "risk" to provide you with another F1 visa, given the fact that you overstayed and were out of status twice previously. On the other hand, you do appear to have some things in your favor, i.e. you were able to overcome this negative fact and have your visa reinstated, and then finished your degree, and are now already accepted into another degree program. In my opinion, this could go either way for you. You want to do your best to prepare a visa application packet that shows clear ties to your home country that would get you to return once this new degree is completed, with an emphasis on showing that now you do have the financial means at home (hopefully) to not get into financial difficulty abroad again. Your best option would be to work with an immigration attorney to assist you in preparing this packet. Best of luck!

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


Not sure what your present status is. If you are in valid F1 status, you should be able to get another F1.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


Yes, your overstay will be an issue in obtaining any visas to the US.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.