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Overstayed my F-1 visa for some months back in 2014. Is this going to bring trouble?

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  • Overstayed my F-1 visa for some months back in 2014. Is this going to bring trouble?

    Hello. Sometime around July of 2014 my family ran into financial issues and I couldn't continue studying or paying rent so I was forced to move in with a very generous friend who let me stay rent-free for a very long time until I was able to sell all my belongings so I could buy a ticket back home. I left the country in June of 2015.

    Is this going to be a problem if I decide to get a tourists visa a few years later? like around 2020?

    I'm aware of the concept of unlawful presence but how was this even calculated back then? I don't even have the correct date my SEVIS expired to know how many days I accumulated, is there any way to find out?

    Thank you so much for your help.

  • #2
    F visa students don't accrue unlawful presence unless & until their status is formally terminated by USCIS (usually happens to people who try to change status) or by an immigration judge (usually happens in removal proceedings)

    More than likely, like most foreign students, you did not accrue any unlawful presence that would render you statutorily inadmissible

    You are, however, applying for a B visa, which requires overcoming the presumption of immigrant intent. Your prior immigration violations will be a factor in the consular officers decision

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    • #3
      Originally posted by inadmissible View Post
      F visa students don't accrue unlawful presence unless & until their status is formally terminated by USCIS (usually happens to people who try to change status) or by an immigration judge (usually happens in removal proceedings)

      More than likely, like most foreign students, you did not accrue any unlawful presence that would render you statutorily inadmissible

      You are, however, applying for a B visa, which requires overcoming the presumption of immigrant intent. Your prior immigration violations will be a factor in the consular officers decision

      Thank you for the response.

      How would you recommend that I deal with this when trying to get a tourist visa? what should I tell them or show them?

      Also I don't really have an intention of staying in the US, I need the visa to facilitate getting to Canada or Japan without doing some crazy flights to avoid doing a transfer in the US. My country is not part of the visa waiver program.

      I forgot to add that I still have the I-94 form, I was never asked for it when I left the US.
      Last edited by Canon555; 11-13-2017, 09:57 AM. Reason: I-94

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      • #4
        Originally posted by Canon555 View Post
        How would you recommend that I deal with this when trying to get a tourist visa? what should I tell them or show them?
        I would focus on making sure you have demonstrably strong ties to your home abroad

        It will be an uphill battle to convince a consular officer you won't be tempted to find yourself in the same situation again. As far as they will be concerned, you would have had a return ticket, or you could have requested repatriation assistance from your home countries consulate in the United States. Therefore, you had no good reason to overstay after falling out of status, other than because you wanted to, knowing that it was against the rules, demonstrating your wanton disregard of US immigration laws

        You may not see it that way, but they will, and they get paid to be skeptical
        Last edited by inadmissible; 11-13-2017, 11:14 AM.

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        • #5
          Originally posted by inadmissible View Post
          As far as they will be concerned, you would have had a return ticket
          I had one and it expired in 2011. I went to the US to study from 2010 to 2011, when I was done I enrolled in another school which would go from 2011 to 2015(when my F1 visa would expire, SEVIS status expired in somewhere in 2014).

          I don't have the 2011 return ticket in hand but I do have the printed itinerary, would this help with my case?
          Last edited by Canon555; 11-13-2017, 01:06 PM. Reason: SEVIS

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          • #6
            Responsible or irresponsible, your overstay is all on you. Trying to substantiate the reasons for your overstay isn't going to help your case. In fact, an applicant seen as giving excuses can't be trusted not to find themselves in the same predicament again

            The chances of obtaining a tourist visa is low for most applicants. For someone with a previously violated their immigration status, the chances of obtaining a tourist visa is even lower.

            So focus on the basics: overcoming the presumption of your immigrant intent by demonstrating strong ties to your home abroad, articulating a certain and well defined plan for your visit to the United States, and proving adequate funds

            Comment


            • #7
              Originally posted by inadmissible View Post
              So focus on the basics: overcoming the presumption of your immigrant intent by demonstrating strong ties to your home abroad, articulating a certain and well defined plan for your visit to the United States, and proving adequate funds
              Thanks. I'm guessing the same problems would arise if I were to ask for a work visa after being offered a job, right?

              Pardon me for asking so much but I would like to be sure of all current possible scenarios.
              Last edited by Canon555; 11-13-2017, 01:56 PM.

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              • #8
                H & L visas are not subject to the requirement that the applicant overcome the presumption of immigrant intent

                If you win the H visa lottery, the only only obstacles to obtaining the visa would be statutory inadmissibilities, which more than likely don't apply to you

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                • #9
                  Originally posted by inadmissible View Post
                  H & L visas are not subject to the requirement that the applicant overcome the presumption of immigrant intent

                  If you win the H visa lottery, the only only obstacles to obtaining the visa would be statutory inadmissibilities, which more than likely don't apply to you
                  Alright, thank you very much for your help.

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                  • #10
                    plz help

                    hi guys i am planning to study in USA i have done diploma in management in 2011 from new zealand, (basically i am from india) then after in 2012 i been to canada on student visa but i couldn't finish my study in canada and then in 2014 i came back (immigration history- cought working under table ). from 2015 till now i am working as construction site supervisor in india. my qualification is as followed-:

                    1. Grade 10 in 2007 (67%)
                    2. Grade 12 in 2009 (science stream) (55%)
                    3. New zealand diploma in management level 5 in 2011.
                    4. IELTS score 6.5 over all , R 7, W 6.5 , L 6.5 , S 6.5 .
                    5. Working as construction site supervisor from 2015 till now 2017.

                    Please help me in choosing course related to my previous qualification and work experience .
                    Thanks in advance ...

                    Comment

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