Overstay less than 180 days?

S

sunshine87

Registered Users (C)
After reading threads, I am aware that an overstay over 180 days is a 3 year ban and an overstay over 360 days is a 10 year ban, but I'm wondering about under 180 days overstay? What are the consequences? I will be preferably not be overstaying, but if I do it would only be 30-60 days.
 
Hmm, as a visitor? I do know that if you entered on a visa waiver, you can never do so again if you overstay. You will be required thenceforth to apply for a visa for any travel to the US. If you entered on a visa, the visa is automatically invalid, and you will be required to get a new one for future travel (even if you still have, say, 7 more years of validity stated on the visa). With this on your record, getting this visa might be difficult. I'm not sure what else you need to worry about.
 
I guess I should add that I am Canadian and therefore don't require a visa or waiver. I've never even had my passport stamped on the 30+ previous times I've crossed over the US border.
 
Well, you're on neither of the things I mentioned, then, but I think you'll still ineligible to visit the US without a visa if you overstay. The thing is, you don't know how complete their records are (did you cross the border over land?). They probably scanned your passport when you last entered either way, so the absence of a stamp does not mean they don't know you're here. When you go back, they might not scan your passport. If you walk across the border then, they will never know when/if you left, and might have to take your word for it the next time you try to re-enter (based on your "good" past behaviour). Still, I would avoid overstaying. Can you exit and re-enter? Mexico? The Caribbean? Somewhere.

Also, you do know you were given leave to enter for 6 months, right? Not 90 days.
 
Overstay for about 60 days - consequences after 9.5 years during entry?

My friend entered into US in 2000 in F1. In 2003 Jan he took a job and changed his visa status to H1B. In Mar 2003 he lost his job due to some issues with the employer - Left US 8 weeks after loosing job, but not sure when his H1B was cancelled by the employer.

Now after 9.5 years, he now plans to come back to US on a student visa.

Pl suggest what should he do. Is this a 'serious overstay issue' or some thing he can tackle by being open at the port of entry? Also he getting a F1 visa ensures that he will have a smooth entry at the port of entry?

Regards,
Ramapuram.
 
8 weeks is chicken feed. He does not have any problem. It is not a serious overstay even if his company reported his termination to USCIS and the H1B status was revoked.

I know because my H1B was revoked by my employer [without telling me].

When filling the visa forms, he should write that he has NEVER overstayed because truthfully he does not know.

Cheers.

Ramapuram said:
My friend entered into US in 2000 in F1. In 2003 Jan he took a job and changed his visa status to H1B. In Mar 2003 he lost his job due to some issues with the employer - Left US 8 weeks after loosing job, but not sure when his H1B was cancelled by the employer.

Now after 9.5 years, he now plans to come back to US on a student visa.

Pl suggest what should he do. Is this a 'serious overstay issue' or some thing he can tackle by being open at the port of entry? Also he getting a F1 visa ensures that he will have a smooth entry at the port of entry?

Regards,
Ramapuram.
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