QUESTION

What are the consequences if I overstay my visa?

Asked on Aug 04th, 2011 on Immigration - Colorado
More details to this question:
I planned to stay at the US to travel around for 6 months, which is the legal period for a B2 visa. Due to problems at the airport with the immigration officer I only got admitted for 1 month (till the end of August). The problem is also that I booked my flight according to my plans (end of January 2012). What are the consequences if I overstay 5 months?
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1 ANSWER

If you file for an extension of your B2 status before the end of August, you will not accrue unlawful presence unless it is denied. If you stay more than 6 months after the date on your I-94 card, you will be subject to the 3 year bar to reentry. If you overstay by only 5 months, you will not be subject to the 3 year bar, but a Consular official can use that to deny a future visa.
Answered on Aug 23rd, 2011 at 11:22 AM

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