F1 visa overstay

[Agata_2402 0]

Hello, 

 

I am F1 student and currently working on OPT. My OPT ends in June 8th and sadly I have to leave the country. I was planning to leave at the end of my grace period which would be around August 8th (still hoping that something would change in my case) . Few days ago my good friend invited me to her wedding that would be August 28th. I would really like to attend the wedding. My question is would I have some serious consequences if I overstay my grace period for 3 weeks? I would like to come back next year on tourist visa to visit friends here and I am worry that those few weeks would affect my future visa applications. I have done some reading and as far as I understood is that if you overstay for longer than 180 days then you will be ban from United States for 3 year. I was wondering what would be the consequences of 20-25 days overstay? I would appreciate any answer ! Thank you 

[Rocio0010 5,580]

You’d be at the officer’s discretion for future visits 

[aaron2020 11,651]

14 minutes ago, Agata_2402 said:

Hello, 

 

I am F1 student and currently working on OPT. My OPT ends in June 8th and sadly I have to leave the country. I was planning to leave at the end of my grace period which would be around August 8th (still hoping that something would change in my case) . Few days ago my good friend invited me to her wedding that would be August 28th. I would really like to attend the wedding. My question is would I have some serious consequences if I overstay my grace period for 3 weeks? I would like to come back next year on tourist visa to visit friends here and I am worry that those few weeks would affect my future visa applications. I have done some reading and as far as I understood is that if you overstay for longer than 180 days then you will be ban from United States for 3 year. I was wondering what would be the consequences of 20-25 days overstay? I would appreciate any answer ! Thank you 

If you overstay, you're not going to get a tourist visa.  You're not coming back next year to visit.  Simple as that.  

[Agata_2402 0]

1 hour ago, aaron2020 said:

If you overstay, you're not going to get a tourist visa.  You're not coming back next year to visit.  Simple as that.  

Thank you for the answer. It looks like I may attend the wedding on FaceTime. Out of curiosity I am going to ask: is it just the tourist visa? I mean I have read few posts here from few months/years ago that some people overstay for not a long time and they were able to apply for visas at their countries and come back. Is it because I ma on F1 and plan to apply for a tourist in a future?  I know that overstaying is a serious thing and it is the violation of the status but I was hoping that short amount of time can be somehow forgiven. One more time thanks for the answer and all the Information 

[Bajinga 136]

chances of getting another non immigrant (B2, F1) after an overstay regardless of the time period will be an uphill battle.

don't compare your situation to others when it comes to immigration. most likely the people you are talking about who overstayed a long time came back on an immigrant visa and would have required a waiver because of the ban. those waivers are generally available for some immigrant visas for the immediate relatives only and require a lot of time and money to get approved.

[Agata_2402 0]

7 hours ago, Bajinga said:

chances of getting another non immigrant (B2, F1) after an overstay regardless of the time period will be an uphill battle.

don't compare your situation to others when it comes to immigration. most likely the people you are talking about who overstayed a long time came back on an immigrant visa and would have required a waiver because of the ban. those waivers are generally available for some immigrant visas for the immediate relatives only and require a lot of time and money to get approved.

I understand. Thank you for your answer. In my case (me EAD card ends in June 8 and my grace period ends in August 8th) if I leave August 6th I would not have any issues coming back next year to visit on tourist visa ? Will I be able to come back on a Visa Waiver Program for a quick visit ?

[Coco8 1,042]

Quote

Will I be able to come back on a Visa Waiver Program for a quick visit ?

I doubt you'll be able to come to the wedding with visa waiver if you leave August 8. You are risking getting denied which means no visa waiver for you for a very long time.

 

If you want to come to the wedding, leave June 8 when you EAD expires or soon after.

Edited April 26, 2022 by Coco8

[Agata_2402 0]

1 hour ago, Coco8 said:

I doubt you'll be able to come to the wedding with visa waiver if you leave August 8. You are risking getting denied which means no visa waiver for you for a very long time.

 

If you want to come to the wedding, leave June 8 when you EAD expires or soon after.

I meant if I leave August 6th (two days before my grace period ends) will I be able to come for example next year on a visa waiver. I am not planning to come back right after I leave. I am planning to leave few days before my grace period ends so I do not overstay and planning to come next June for a few weeks. 

[jan22 3,056]

12 hours ago, Agata_2402 said:

I meant if I leave August 6th (two days before my grace period ends) will I be able to come for example next year on a visa waiver. I am not planning to come back right after I leave. I am planning to leave few days before my grace period ends so I do not overstay and planning to come next June for a few weeks. 

Personally, I wouldn't cut it that close and would allow a couple extra days of cushion in scheduling a departure date to allow for emergencies, changes in airline schedules, miscalculations, etc.  For example, you said your OPT ends June 8th, right?  If so, your 60-day grace period ends August 7th (22 days in June, 31 in July, and 7 in August), nit August 8.  You cannot take a flight at any time on August 8th and not have over-stayed -- your grace period ends at midnight on August 7th and, technically, at 12:01 on the 8th, you have a day of overstay.  So, a departure on August 6th is only one day before the end of the grace period, not two days-- and a lot can happen to mess up a schedule and make you miss a deadline.  Once you have overstayed even a day (or any part of a day), your Visa Waiver Program (ESTA) entries are most likely gone forever.

Edited April 27, 2022 by jan22

[Agata_2402 0]

35 minutes ago, jan22 said:

Personally, I wouldn't cut it that close and would allow a couple extra days of cushion in scheduling a departure date to allow for emergencies, changes in airline schedules, miscalculations, etc.  For example, you said your OPT ends June 8th, right?  If so, your 60-day grace period ends August 7th (22 days in June, 31 in July, and 7 in August), nit August 8.  You cannot take a flight at any time on August 8th and not have over-stayed -- your grace period ends at midnight on August 7th and, technically, at 12:01 on the 8th, you have a day of overstay.  So, a departure on August 6th is only one day before the end of the grace period, not two days-- and a lot can happen to mess up a schedule and make you miss a deadline.  Once you have overstayed even a day (or any part of a day), your Visa Waiver Program (ESTA) entries are most likely gone forever.

Thank you for your comment. I booked my ticket for August 4th. I would like to a take few trips before my time here is done. I just wanna make sure that if I leave on time ( I mean without any overstaying and violating my status) I will be able to come and visit here next year or in future. I know my chances to stay here permanently are gone but I have many friends here that I still want to see from time to time 

[jan22 3,056]

4 minutes ago, Agata_2402 said:

Thank you for your comment. I booked my ticket for August 4th. I would like to a take few trips before my time here is done. I just wanna make sure that if I leave on time ( I mean without any overstaying and violating my status) I will be able to come and visit here next year or in future. I know my chances to stay here permanently are gone but I have many friends here that I still want to see from time to time 

That was a good decision, IMO.  Your plans to visit friends is exactly why it's important to maintain your VWP eligibility .  After 7 years in the US, it would likely be a while before you re-establish enough strong ties at home to qualify for a visitor visa, but the VWP would be still be possible for you.