Found out through case status checking online that my application was denied in MAY HELP!?!

R

Rebecca24

New Member
Hi,

I found out that my visa application was denied back in May, and that I had 30 days from May 6th to leave the country volunterally, I never recieved the letter as it was sent to my ex husbands parents house. so that means I have overstayed around 6 months by now.....what should I do?

I do not want to stay in the USA, but I am applying for a work permit for a job I have in Russia - and one of the requirements to get this work permit is to show proof that I am legally in the US (which I am not I just found out)
 
What kind of US visa were you applying for, and what kind of status did you have before?

May is 5 months ago, not 6 months. If you leave the US before 180 days of overstay, you won't trigger the 3-year or 10-year ban (although it will probably be difficult to get a nonimmigrant visa for years).

I find it odd that Russia wants proof of legal presence in the US. Perhaps they don't specifically want legal presence specifically in the US, they just want legal presence in whatever country you are located. So maybe you can go to another country that will accept you legally, and apply for the Russian permit from there.
 
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If I was to leave the US before the 180 day limit, would I be able to re-enter for 3 months (with visa waiver as I'm from New zealand)?
 
Once you overstay the visa waiver, even for a short time, you can't enter with the visa waiver again. You will need to apply for a visa.

Were you on the visa waiver when you (unsuccessfully) applied to change to another other status or extend your status? The visa waiver doesn't allow change or extension of status, unless the change is applying for a green card as an immediate relative of a US citizen. So if you were on the visa waiver and applied for a status other than IR green card, they might consider your application to be frivolous, thereby counting your overstay from the day your 90 day VWP stay expired, instead of counting it from the date your change/extension was denied.
 
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