QUESTION

Visa after previous overstay

Asked on Dec 25th, 2013 on Immigration - Massachusetts
More details to this question:
I have a question about a future Visa request. I visited the US twice; in 2012 and 2013, both on a J1 visa. The first time of my stay i used just 4 day's of my 30 day's grace period. However, this year my agency failed to change my Plain ticket to the end of October as i requested them, resulting me missing my flight and having to buy a new one. As a result i overstayed in the US a total of 13 day's (however my agency said i did't overstay at all, because J1 and F visa holders don't count as out of status until USCIS decided so, what is confusing for me) I am going to work on a Cruise ship next year, and i could possible need the C1/D visa. So my questions are: -will i have future problems to gain a US visa or entry the US -what answer should i give on the question: Has Your U.S. Visa Ever Been Cancelled or Revoked? Thank you for your time.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You may have a problem in obtaining a visa because of your overstay. Your agency is mistaken in saying that you did not overstay if you remained in the States after the 30 day grace period. To the question on the visa form of whether your US visa has ever been canceled or revoked, the answer is no.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 15th, 2014 at 9:07 PM

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