Tweet
Hi,
I overstayed my I-94 by 122 days (about 4 months) earlier this year on B-2 visa, and returned to India in June. I was never deported, just left the country voluntarily. Will I face any difficulties in obtaining H4 now based on my spouse's H1B? I have read about the 3 and 10 year bans, but since my overstay was less than 180 days, legally, I don't have any bars to reentry. I think it might have an impact on my "immigrant intent", but since H4 is dual intent, I don't have to deal with that issue either. From what I have read, I really do not see any LEGAL reason for the consulate to refuse my H4. My B2 was cancelled under INA 222(g), so will that have a negative impact? The DS-160 did ask me if my visa was ever "cancelled or revoked" (I checked yes). It did have a question about overstay as well. Maybe they shall ask me more questions?
Are visas simply granted (or denied) on the discretion of the consular officer?
I overstayed my I-94 by 122 days (about 4 months) earlier this year on B-2 visa, and returned to India in June. I was never deported, just left the country voluntarily. Will I face any difficulties in obtaining H4 now based on my spouse's H1B? I have read about the 3 and 10 year bans, but since my overstay was less than 180 days, legally, I don't have any bars to reentry. I think it might have an impact on my "immigrant intent", but since H4 is dual intent, I don't have to deal with that issue either. From what I have read, I really do not see any LEGAL reason for the consulate to refuse my H4. My B2 was cancelled under INA 222(g), so will that have a negative impact? The DS-160 did ask me if my visa was ever "cancelled or revoked" (I checked yes). It did have a question about overstay as well. Maybe they shall ask me more questions?
Are visas simply granted (or denied) on the discretion of the consular officer?
Comment