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I have a C1/D visa, which I have used to work on cruise ships for over 3 years. Never overstayed or anything and I have an ESTA to travel to the USA. This trip, I overstayed by 1 month. Will the C1/D be cancelled and impossible to renew in the future, even with an employment letter?

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Legally speaking, an overstay on the Visa Waiver Program does not directly affect the validity of a visa that you have. However, any time you try to enter the US on most types of nonimmigrant visas, you have to satisfy the officer that you do not have immigrant intent, and past immigration violations are certainly a negative factor in the officer's determination.

  • Will it affect my chances to renew it though? Its expiring soon. How do i convince him i have no intent of immigration? – User481516 Jan 25 '18 at 8:27
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    @User481516 If you have not done so already, leave the US as soon as possible. Voluntary departure before 180 days of overstay is less bad than being caught and removed or going over 180 days. Be prepared to explain why you overstayed, and why it is not going to happen again. – Patricia Shanahan Jan 25 '18 at 8:58
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The visa may have not been automatically cancelled but next time you try to enter the USA, your previous overstay will likely pop up on the CBP officer’s computer and you’ll be denied entry, your visa will be cancelled, and you’ll be refused entry.

That’s the worst case scenario.

You could look up your I94 record online and see if your departure was recorded but if it wasn’t, that may lead to more questions that you can’t answer without leading to the above scenario.

As @Patricia Shanahan notes, it’s much better to overstay less than 180 days so if you are still in country, try to leave as soon as you can.

  • I-94 doesnt say anything, just says N/A. I didnt leave yet so maybe thats why. – User481516 Jan 25 '18 at 1:45
  • So im pretty much screwed, even without the ban there is no chance to get back the C1/ D – User481516 Jan 25 '18 at 1:46

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