Stayed more than 180 days after OPT expiration, I 94 with D/S, now in France, WANT TO COME BACK TO THE US

[kc8523 0]

I entered the US 4 years ago on an F1 visa. The F1 visa in my passport expires on Dec 15th 2013. After completing my program, I was granted a 1 year work permit (OPT). At the end of my OPT (expiration: July 31st 2010), I decided to stay. I left the US on March 18th 2011. Upon leaving, I forgot to turn in my I-94 (which specifies "D/S" on it) and I still have it in possession. I am now planning to reenter the US under a Visa Waiver Program, or if not possible, under a B2 visa) in December.

Questions:

• Will I be denied entry, or even banned because I stayed after my OPT? If so, what can I do about it?

• Am I eligible for entry with the Visa Waiver Program or do I have to get a B2?

• What to do with the I94 that I was supposed to turn back and what to tell the Customs if they ask about it at my next entry?

• Will the Customs know that I stayed after my OPT expiration?

• If I am allowed entry, how do I have to proceed to lawfully live in the US? (While I was there, I was trying to get an H1B but didn’t succeed).

Please help me guys, I am desperate to go back to the US.

[Little_My 464]

You overstayed for over 180 days, which means you are subject to a 3 year ban to the US. Not only will you most definitely not be able to use the VWP ever again, but even after the 3 year ban is over, it is going to be very hard for you to ever get another non-immigrant visa to the US again. Nothing stops you from trying and applying for a B2 tourist visa or another student visa, but chances of being issued one now after the overstay are slim to none.

I am not sure how the I-94 issue changes the situation, but most likely it definitely does not make things better. In terms of living in the US, the only options you would have had at your disposal would've been a work visa if you could have found an employer willing to sponsor you and your skill set and educational background fit the requirements, or through marriage to a US citizen, assuming you would have met one and actually fell in love. However, due to the overstay, your chances of returning, at least for the next 3 years, are not looking very good.

[Oksana & Max 94]

You are subject to a 3 year ban if you overstayed after the expiration of your I-94 for over 180 days. Based on your information you do have a ban which prohibits you using VWP and you would need to apply for tourist visa. Removal of ban is really hard even if you will get married to the US citizen. I don't think you will be enter US anytime soon.

Sorry

[Saddle Bronc 124]

Have you considered the option of going to the rather-similar northern neighbour Canada?

[jarta 24]

I entered the US 4 years ago on an F1 visa. The F1 visa in my passport expires on Dec 15th 2013. After completing my program, I was granted a 1 year work permit (OPT). At the end of my OPT (expiration: July 31st 2010), I decided to stay. I left the US on March 18th 2011. Upon leaving, I forgot to turn in my I-94 (which specifies "D/S" on it) and I still have it in possession. I am now planning to reenter the US under a Visa Waiver Program, or if not possible, under a B2 visa) in December.

Questions:

• Will I be denied entry, or even banned because I stayed after my OPT? If so, what can I do about it?

• Am I eligible for entry with the Visa Waiver Program or do I have to get a B2?

• What to do with the I94 that I was supposed to turn back and what to tell the Customs if they ask about it at my next entry?

• Will the Customs know that I stayed after my OPT expiration?

• If I am allowed entry, how do I have to proceed to lawfully live in the US? (While I was there, I was trying to get an H1B but didn’t succeed).

Please help me guys, I am desperate to go back to the US.

here is the deal...since you were a student doing OPT, you had 60 days for preparation and departure after your were done with your OPT. so technically you can subtract 60 days from the number of days you over stayed. i think that would take it down to a number like 145 or so. does the 3year ban only kicks in after you over for more than 180days or after you over stayed for more than a couple of days, weeks or months? if it only kick in after you have over stayed for 180days, you might have something to work with, since you will be below the 180 mark.

also i was a student and i forgot to turn in my I-94 when i was done with my OPT and moving back home, i had it with me on my next visit but no one asked me anything about it. actually i still have it. i even had to go in for interview before getting my tourist visa and nothing was brought up about me not turning in my I-94 in. but i am no expect and each person's case is different. so good lucky buddy.

[Harsh_77 718]

VWP is out of question as you overstayed your visa. You will have to go for B2 and see how it goes.

[Boiler 45,488]

VWP is out of question as you overstayed your visa. You will have to go for B2 and see how it goes.

I agree.

[NigeriaorBust 4,087]

So you overstayed 230 days and you can deduct 60 days which puts you at 170 days. No ban

but because you overstayed ANY days VWP is no longer available for life.