QUESTION
What can I do if I overstayed and didn't know it?
Asked on Jun 12th, 2013 on Immigration - New York
More details to this question:
Hi. I got a 2 year B1B2 non immigrant US visa last year and went for medical training in the US. At the port of entry, I got an eligible period to stay for one month which is the duration of my training, but after this month I was accepted to continue training in another department for another two months, so I overstayed about 60 days without submitting an extention form simply because I didn't know at that time what an I94 means. I didn't even notice that there is a date on it. Nobody at the embassy or port of entry mentioned anything about this and because I thought that I am eligible as long as I have valid visa!! I still have one year of eligibility on my visa and I am planning to reenter the US in the next few months. Will this be possible? PS. I have proof in forms of accepted applications for my medical training from the university dated by the duration I overstayed. Will this be any benefit? Thank you.
3 ANSWERS
As long as your overstay is not more than 180 days, you should be fine.
Answered on Jun 14th, 2013 at 9:06 AM
Adebola O. Asekun
I am sorry to hear your situation. If as it appears, you have remained in the US for a continuous period of 1 year or more and without the permission of CIS, you are considered to have fallen out of status. Your visa is automatically revoked and you may no longer be able to sue to enter the US. Also, if you left the US after accruing.
Answered on Jun 12th, 2013 at 10:14 PM
You will need to leave the country as soon as possible to make sure you don't accumulate time for the 3 year bar. Also, consult with an attorney as to your re-entry.
Answered on Jun 12th, 2013 at 10:06 AM