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nirvana0920

Overstayed B1 because of miscommunication. Will this have consequences?

By nirvana0920 in Work Visas

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nirvana0920 Newbie

nirvana0920   0

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Filed: Country: Norway
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I recently returned from traveling to the US on a business plus tourism visa (B1/B2). I stayed there for about three weeks. I didn't notice on time that I was admitted on a B1 visa alone for only two weeks. I bought my two way ticket before I travelled. This means that I have 'overstayed' my admittance by about 10 days. I have stated my purpose of stay as business plus tourism to the border immigration officer. I didn't expect that I would be admitted for such a short period and only on B1. What can I do now? Will this be considered as an overstay? Will there be any consequences? Thank you!

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teeak Proficient

teeak   224

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Filed: FB-2 Visa Country: Bangladesh
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Since you overstayed your visa less than 180 days, you will not be barred from re-entering. But, the next time you try to enter the US, the border officer will see that you overstayed the last time and it is up to them to decide if they will let you in or not. Since it's only ten days, they will probably let you in. I think it becomes more of an issue when you overstay by a couple of months.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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I recently returned from traveling to the US on a business plus tourism visa (B1/B2). I stayed there for about three weeks. I didn't notice on time that I was admitted on a B1 visa alone for only two weeks. I bought my two way ticket before I travelled. This means that I have 'overstayed' my admittance by about 10 days. I have stated my purpose of stay as business plus tourism to the border immigration officer. I didn't expect that I would be admitted for such a short period and only on B1. What can I do now? Will this be considered as an overstay? Will there be any consequences? Thank you!

Hi,

By overstaying the permitted time on your I-94, your visa was automatically cancelled.

You do not have a ban for overstaying. You would need to overstay by 180 days to get a ban.

You will need a new visa to visit the U.S. You will be given the opportunity to explain your situation.

Best of luck

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Since you overstayed your visa less than 180 days, you will not be barred from re-entering. But, the next time you try to enter the US, the border officer will see that you overstayed the last time and it is up to them to decide if they will let you in or not. Since it's only ten days, they will probably let you in. I think it becomes more of an issue when you overstay by a couple of months.

Incorrect. The overstay automatically voided his visa. They will not let him in without a new one. There is no discretion for CBP to let him in.

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Boiler Grand Master

Boiler   45,499

Posted
Filed: K-1 Visa Country: Wales
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Why did you not use the VWP?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Girl from Celebes Experienced

Girl from Celebes   588

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Filed: Lift. Cond. (apr) Country: Indonesia
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SORRY, TYPO, Wanted to say you will not be banned.

It doesn't seem a typo. The OP asked " will this have the consequence?" and you replied " yes" not " no" if you meant to say " you will not be banned".

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
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Posted

It doesn't seem a typo. The OP asked " will this have the consequence?" and you replied " yes" not " no" if you meant to say " you will not be banned".

Hehe

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Girl from Celebes Experienced

Girl from Celebes   588

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Filed: Lift. Cond. (apr) Country: Indonesia
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Posted (edited)

Hehe

:)

I'm not a native speaker and do not have a perfect English in the world. I am just speaking the logic of words and I believe this is apply to most of languages if not all. Sounds to me someone has made mistake but doesn't want to admit it. What if another posters did not reply at all after this poster? The OP would believe what it's been said.

Edited by Girl from Celebes

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

Thanks all. Should I contact the embassy and clarify that it wasn't deliberate?

It doesn't matter if it was deliberate or not. Your visa is now void and the only remedy is another B1/B2 application. At the interview, you can make your case.

Best of luck

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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It doesn't matter if it was deliberate or not. Your visa is now void and the only remedy is another B1/B2 application. At the interview, you can make your case.

Best of luck

This. Unfortunately your ignorance doesn't matter to uscis.

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