What is the consequence if i overstayed in the U.S. the last time i was there? I only have a visitor's visa?
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What is the consequence if i overstayed in the U.S. the last time i was there? I only have a visitor's visa?
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I am a filipina citizen, I was given a five year visa as a visitor in the U.S. But the last time I went to the U.S. I kinda overstayed, instead of the allowed 6 months per visit I stayed for 8 months. What is the penalty for doing so, since I plan to visit U.S. again. thanks
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Phil
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The two previous answers are correct; did you return your I-94? In theory that's how they know and if you have not yet returned it, be prepared at the least to provide documentation as to when you actually returned. If you flew they can check the passneger lists.
I'd suggest you contact the CIS and see what your options are.
FYI you could have asked for an extension of your visa stay if you had done so you'd have been covered. Even if they denied it you'd have been able to stay the extra time while they decided and/or you appealed, which surely would have covered the extra two months... |
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hochi1942
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Talk to an lawyer first as this is not legal advice just my interpretation on the INA laws
Now as far as any automatic penalties go, if a person overstays more than 180 days but less than 1 year and they leave the U.S., they cannot come back in for 3 years. If they overstay 1 year or longer and they leave the U.S., they cannot come back for 10 years. With the automatic penalties, the officers don't even have discretion. They must deny re-entry for 3 or 10 years.
If the person overstays less than 180 days and leaves, they do not have an automatic penalty, but when the person tries to come back to the U.S., they will still need to explain to an immigration officer why they overstayed and also try to convince the officer that they will not overstay again. This is very difficult to do, but at least they have a chance to try to convince an officer. So for you if come back you can explain the situation
Also when you apply for the visa it can get denied at the consulate and they can also place a ban too. |
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