Overstay and Reentry

[kabeza]

Hello,
If you have overstayed your last stay by 7 months, can you leave the country and then reenter provided that you have still valid multiple entry visa? What I mean is that the date stamped on I-94 has expired but the B-2 visa is valid until 2011.
What are the chances of being denied entry? Are there some conditions you can cite to ameliorate the negative effect of the overstay?
Also does it matter if you leave now or in half a year?

Thanks.

 

[great guru]

Hello,
If you have overstayed your last stay by 7 months, can you leave the country and then reenter provided that you have still valid multiple entry visa? What I mean is that the date stamped on I-94 has expired but the B-2 visa is valid until 2011.
What are the chances of being denied entry? Are there some conditions you can cite to ameliorate the negative effect of the overstay?
Also does it matter if you leave now or in half a year?


If you overstay more than 180 days without extending your stay (I 94), you are out of status and you may get barred for several years to re-enter. Even if you have multiple entry visa in your pp, At the POE you may be denied entry and deported.Thanks.

 

[labordrags]

Hello,
If you have overstayed your last stay by 7 months, can you leave the country and then reenter provided that you have still valid multiple entry visa? What I mean is that the date stamped on I-94 has expired but the B-2 visa is valid until 2011.
What are the chances of being denied entry? Are there some conditions you can cite to ameliorate the negative effect of the overstay?
Also does it matter if you leave now or in half a year?

Thanks.

Since you crossed the timeline in your I-94, you are considered out-of-status per USCIS. If you can prove USCIS that the stay is for some unavoidable reason, they may grant you back in staus. But 7 months seems to be long for me. You can still try with them, see what happens. Above quote by great guru is right.

 

[dewey_daniel]

Hello,
If you have overstayed your last stay by 7 months, can you leave the country and then reenter provided that you have still valid multiple entry visa? What I mean is that the date stamped on I-94 has expired but the B-2 visa is valid until 2011.
What are the chances of being denied entry? Are there some conditions you can cite to ameliorate the negative effect of the overstay?
Also does it matter if you leave now or in half a year?

Thanks.

If you overstayed, your visa is void. You no longer have a valid visa. You need a new visa. So if you exit the US, can not get back in. You need to go to your country and apply for a new visa.

However, the immigration and nationality act established among the aliens ineligible for visas "...Any alien (other than an alien lawfully admitted for permanent residence) who was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, .... Therefore, it may be difficult to get another visa.
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I am not a lawyer, just tying to help...