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  1. #1

    Default B2 visa expired but left before extension application got denied

    Hi,

    I overstayed a B2 6 months tourist visa by 40 days.

    The thing is that I filed for a 2 months extension before expiration of my visa, then stayed 40 days after expiration and left the US to go back home (French citizen).
    Then I received notice of refusal of my visa extension.

    So I guess I overstayed for 40 days (I thought the extension would have been approved without any issue).

    My understanding is that I was not "out of status" or in "unlawful presence" since I was waiting for an answer about the extension, is that right?

    Would I have any problem to go back in the US, would I still be eligible for the Visa Waiver Program for example?

    If I ever ask for a visa, should I answer that I have overstayed or that I never overstayed?

    Thanks!

  2. #2

    Default

    You were in status while waiting for extension. Therefore, you are not considered overstayed.
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  3. #3

    Default

    Thanks, that was my understanding.
    So I should still be eligible for the Visa Waiver Program?

  4. #4
    Join Date
    Dec 2011
    Posts
    2,517

    Default

    Quote Originally Posted by Frenchie View Post
    Thanks, that was my understanding.
    So I should still be eligible for the Visa Waiver Program?
    1.Did you return the I-94 card to the airline while leaving?
    2. What was the expiry date on the I-94 card that you returned?
    3. Visa is different from I-94 stay stamp. When is your visa in your passport expiring?

  5. #5

    Default

    Quote Originally Posted by peace999 View Post
    1.Did you return the I-94 card to the airline while leaving?
    2. What was the expiry date on the I-94 card that you returned?
    3. Visa is different from I-94 stay stamp. When is your visa in your passport expiring?
    1. Yes indeed I returned the I-94 when I left.
    2. The expiry date on the I-94 was past for 40 days (but at that time I was still waiting for a decision on the extension application).
    3. It was a 6 months visa valid for 10 years, I guess it is now void but I am not worried about that, what I'd like to know is if this situation is gonna raise any red flags if I wanna go back for holidays on a VWP sometime, and if I should answer that I previously DID or DID NOT overstay (since I never was out of status but left after the date on my I-94).

    Thanks for your input.

  6. #6
    Join Date
    Dec 2011
    Posts
    2,517

    Default

    Quote Originally Posted by Frenchie View Post
    1. Yes indeed I returned the I-94 when I left.
    2. The expiry date on the I-94 was past for 40 days (but at that time I was still waiting for a decision on the extension application).
    3. It was a 6 months visa valid for 10 years, I guess it is now void but I am not worried about that, what I'd like to know is if this situation is gonna raise any red flags if I wanna go back for holidays on a VWP sometime, and if I should answer that I previously DID or DID NOT overstay (since I never was out of status but left after the date on my I-94).

    Thanks for your input.
    Ok.The fact is that you did not overstay because you left before the decision came. And that visa is not void. You can travel on it.
    This happens to a lot of people.
    The only thing is when entering the next time on the same visa, you must carry the extension denial papers and the proof of departure date ( boarding pass or arrival stamp of your destination on your passport).
    Never say to the entry officer that you overstayed. IF HE ASKS , Just tell him about the extension and show him the papers.
    Last edited by peace999; 02-13-2012 at 07:32 AM.

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