Overstay by one month

L

LF2008

Registered Users (C)
Hi,

I was a student in the USA until April of last year, and successfully completed my master's degree there, and one year of OPT too. I then returned to India and have been living and working in India. I overstayed in the USA for one month last year, since I was under the impression that after OPT I had 90 days to leave the USA, when in fact one has only 60 days. I will soon be applying for a B1/B2 visa as a tourist to visit my brother and friends in the US. Would this overstay by a month be a problem in getting a tourist visa? Should I enter it in the visa application form (question #38: have you ever violated the terms of a US visa...) and explain to the consulate officer? Please advise. Thanks in advance.
 
Yes, you violated the terms of your visa and you must disclose this in the application or they will accuse you of fraud, just explain it to the consul. You have better chances that way.
 
LF2008 said:
Should I enter it in the visa application form (question #38: have you ever violated the terms of a US visa...) and explain to the consulate officer? Please advise. Thanks in advance.
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If you plan to apply for US citizenship anytime later, you would be asked "Have you ever lied to an Immigration Officer to obtain any immigration benefit"

You should respond to question 38 truthfully and explain, otherwise it might be treated as lying.
 
LF2008 said:
Hi,

I was a student in the USA until April of last year, and successfully completed my master's degree there, and one year of OPT too. I then returned to India and have been living and working in India. I overstayed in the USA for one month last year, since I was under the impression that after OPT I had 90 days to leave the USA, when in fact one has only 60 days. I will soon be applying for a B1/B2 visa as a tourist to visit my brother and friends in the US. Would this overstay by a month be a problem in getting a tourist visa? Should I enter it in the visa application form (question #38: have you ever violated the terms of a US visa...) and explain to the consulate officer? Please advise. Thanks in advance.
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Guys we are talking 1 month here........

To the op, apply for your visa and don't worry about it. You didn't violate the terms of your visa, you did't know.
 
PraetorianXI said:
Really?

Not knowing you are breaking a law, does not absolve you from breaking it because "you didn't know"...

His visa is voided, because he overstayed. (period).
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Prea, I am not gonna make a big deal of nothing here. I highly doubt this will be considered "visa fraud"
 
Triple Citizen said:
Ignorance does not grant immunity. In my honest opinion, OP should mention it on his DS-156 and await the outcome.
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This isn't ignorance, anyway. He may not have originally known he was overstaying (which did not excuse the overstay), but he knows now which is why he's asking the question. The question boils down to "Can I safely lie on my visa application?" The answer is no. An overstay, even of 30 days, is a violation of the terms of your visa, and you know it is, so if you don't disclose it you're definitely creating a bigger problem than if you explain what happened and the circumstances. If it's no big deal then you should be fine; if you knowingly lie on the form by omitting it then you are making it a big deal either way.
 
aosing said:
This isn't ignorance, anyway. He may not have originally known he was overstaying (which did not excuse the overstay), but he knows now which is why he's asking the question. The question boils down to "Can I safely lie on my visa application?" The answer is no. An overstay, even of 30 days, is a violation of the terms of your visa, and you know it is, so if you don't disclose it you're definitely creating a bigger problem than if you explain what happened and the circumstances. If it's no big deal then you should be fine; if you knowingly lie on the form by omitting it then you are making it a big deal either way.
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Agreed!
 
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