Overstay and reentry

K

kabeza

Registered Users (C)
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 beyond your I-94 date by 7 months, you are automatically barred from entering US for 3 years. Visa validity date does not matter here. Moreover your visa is also considered automatically canceled once you overstay.
 
What if you have had serious reasons for stay (tending for a sick relative)?
Also for most of this time the extension of stay was dragging in INS and at the end they gave it with an old date.
 
kabeza said:
What if you have had serious reasons for stay (tending for a sick relative)?
Also for most of this time the extension of stay was dragging in INS and at the end they gave it with an old date.
Click to expand...
Did you file for an extension while on your extented stay? If yes, then if your extention was approved, it would have given you a new date on I-94 , before which you had to leave. If you do not leave by that date, you are considered an overstay.
If no, then your visa is automatically cancelled (even if you stay one day extra). By staying for more than 6 months, you have triggered the 3-year bar.
Also, and experts may correct me if I am wrong, you have violated the terms of your entry (I presume you entered on a Visitor's visa.). That is for visiting and not taking care of relatives. (I know it sounds hard, but that the law).
PS. I am not a attorney and dont pretent to be one.
 
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