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The practice of remaining in a country longer than allowed by one's stay permit (visa or residency card).

32 votes

Is it possible to go back to the U.S. after overstaying as a child?

You never had a ban, based on what you described, assuming you left the US before age 18.5. The ban that people worry about in such a case is the 3-year or 10-year ban under INA 212(a)(9)(B), where if …
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31 votes

Can I be admitted to the US after a two-year overstay 21 years ago?

Since you overstayed an entry on the Visa Waiver Program, you are forever ineligible to use the Visa Waiver Program again, according to 8 USC 1187(a)(7), so (unless you have become a Canadian citizen) …
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  • 23.1k
20 votes

US visa overstay on a F1 visa and returning home

First, the US has no exit checks, no matter when departing by air, sea, or land. One never interacts with immigration authorities when departing the US. Theoretically, CBP could conduct random checks …
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  • 23.1k
3 votes

Has anyone returned to the United States after over staying under 180 days on a J1 Visa or a...

There are several issues here: whether you were "out of status", whether you accrued any "unlawful presence" and how much, and whether you can get a visa. Assuming you abided by all the rules of J1 st …
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  • 23.1k
5 votes

Overstayed my US visa for over 10 years, never got deported, can I return as a tourist?

They will likely know about your period of overstay in the US, and if asked on any form about past overstaying or violating the terms of your visa, you must truthfully say yes and provide details. …
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  • 23.1k
6 votes

Did I overstay my F1 visa by staying in the US for 5 months after graduation?

First of all, the visa is irrelevant. US visas are only for entry, and the visa expiration date has nothing to do with how long you can stay in the US. As F1, you were almost certainly admitted for "D …
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  • 23.1k
7 votes

Over stayed ESTA for more than 6 Month Forgiveness

Even after the ban is over, you would still have to apply for a visitor visa (you are forever ineligible for the Visa Waiver Program by overstaying it), and there would still be a good chance that you …
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  • 23.1k
2 votes

Travel to USA again - COVID-19 delays

Your visa has not been voided by INA 222(g), since you departed the US while an Extension of Stay application (which was filed before your status expired) was pending. See 9 FAM 302.1-9(B)(1)(c)(4)(b) …
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4 votes

How to check if you can still get admitted to US?

There is no way to "check". Before they seek entry to the US again, the US government might not even know whether their visas have been automatically voided by operation of law or not, because the gov …
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  • 23.1k
4 votes

I overstayed in US and I'm barred for ten years, but I want to visit my kid

The process to get a nonimmigrant waiver for someone from a Visa Waiver Program country is to apply for a nonimmigrant visa (e.g. B2 visitor visa). If you are denied the visa due solely to the ban, an …
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  • 23.1k
7 votes

Overstayed visa by over year and want to return to home country without 10 year ban

The 10-year ban is based on the fact of their accrual of more than 1 year of "unlawful presence" and then departing the US. Even if the government does not know when they left the US, the ban still ex …
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  • 23.1k
1 vote

Denied visa after seemingly authorized long stay

There is basically nothing you can do. She might not have a ban, but they can still deny nonimmigrant visas for "failure to overcome the presumption of immigrant intent" if there is anything they do n …
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  • 23.1k
8 votes

How do I get past a 3-year ban from overstay with VWP?

only after those 3 years I can apply for a visa and a waiver. Is this true? No, this is not true. After the ban is over in 3 years, you don't need (and can't get) a waiver because you have no b …
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  • 23.1k
1 vote

Several questions about my overstayed visa

You don't accrue "unlawful presence" while you are under 18 for the purposes of the 3/10-year unlawful presence ban, so if you leave before age 18.5, you won't have a ban, so you won't be "automatical …
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  • 23.1k
4 votes

Canadian overstay in USA

He does not accrue "unlawful presence" for the purposes of the 3/10-year bans under INA 212(a)(9)(B) while he is under 18. He will start accruing "unlawful presence" the day he turns 18. If he leaves …
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