B2 overstaying question

[JohnR! 5,495]

The overstay will only matter if she stays 180 days or over past the time she is allowed. So, she is at what, 2 months overstay right now?

Any overstay matterS, according to information from the USCIS website.

http://travel.state..../info_1298.html & http://www.uscis.gov...000082ca60aRCRD

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Extend Your Stay

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

Admission to the U.S. and your Duration of Stay

Upon arriving at a port-of-entry and when admitted, a CBP officer places a small white card, Arrival-Departure Record, Form I-94 or a small green card, Form I-94W for VWP travelers, in your passport. This card is very important as it shows permission to be in the U.S. On this card, the CBP officer records either a date or duration of status (D/S) in the lower right hand corner. If your I-94 or I-94W contains a specific date that signifies the date you must exit the U.S. Some students, exchange program participants, and temporary workers (e.g., foreign diplomats) will be admitted for D/S. If you have D/S on your Form I-94, you may remain in the U.S. as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.

Carefully review information about international visitor admission on the CBP Website.

Extension of Stay

If you came to the U.S. on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your Form I-94, expires. It is recommended you apply well in advance of your expiration date. To learn more select USCIS, How Do I Extend My Stay?.

Important Note: Providing permission to enter and/or remain in the U.S. to persons holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard. All inquiries must be directed to USCIS.

What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?

• You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
• Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select <a href="http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html" title="">Classes of Aliens Ineligible to Receive Visas to learn more.

Edited July 26, 2012 by Gegel

[Harpa Timsah 13,258]

It says MAY BE. You spread misinformation on this site too much. You have no timeline and what I assume is a fake country. Have you undergone any immigration processing yourself?

Edited July 26, 2012 by Harpa Timsah

[JohnR! 5,495]

It says MAY BE.

IMHO that denotes one should use caution. CBP agents have discretion over these matters, so ultimately counting on the one-time amnesty could prove to be risky.

In the end it is a decision only the individual can make, so it would be pointless to discuss it past the information point.

[DandT14 272]

Wouldn't the fact that she's engaged (if they are engaged,I'm not clear on that) to a USC be more of an obstacle to her getting the F-1 than her current overstay? You know - might they think that she's getting the F-1 with the intent to come back, get married and stick around?

[JohnR! 5,495]

Wouldn't the fact that she's engaged (if they are engaged,I'm not clear on that) to a USC be more of an obstacle to her getting the F-1 than her current overstay? You know - might they think that she's getting the F-1 with the intent to come back, get married and stick around?

Mentioning a boyfriend alone might be a deterrent, however she already had a student visa and used it correctly. so that bodes in her favor. The real issue is the overstay on a tourist visa, which is seldom dismissed.

IMHO the cleaner her immigration record is the better her chances to get a new student visa.