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  1. #1
    Join Date
    Feb 2012
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    3

    Default Reentering on a F Visa After a Prior Overstay

    Hi, I got my bachelor degree in the US and after that spent 1 year of OPT (not working), I went home for 2 months and after that got back in the US, because I still had about 4 month of OPT left. After OPT ended, I enrolled in graduate school for a spring semester. I was supposed to start it in the fall but I deferred my enrollment because I still hoped to work for a couple of months while my OPT card was still valid.

    My mistake was that I did not transfer I-20 form from my other university and I found out that I am out of status in the middle of second semester of my studies. More than 5 months passed, so I was recommended to go back to my home country with a new I-20 and reentry the country. So that not to lose money I had paid and credits I had taken, I waited till the end of the semester and after that I went home.

    Now my questions are: what are my chances to reentry the US successfully? Should I mention in my electronic application for a visa that I fell out of status or should I wait for a personal interview and explain the situation? (I've got letter from the university and my unofficial transcript for 2 semesters as well). Thanks

  2. #2
    Join Date
    Sep 2005
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    73,775

    Default Re: Reentering on a F Visa After a Prior Overstay

    When you overstay, you can reasonably anticipate being questioned about your overstay, and you can reasonably anticipate being expected to show evidence of your ties to your nation of origin such that the immigration officer reviewing your application for entry is reasonably confident that you will return home at the end of your lawful stay, this time around.

    If you are applying for and obtain a new F1 visa, odds are that you're going to be able to resolve difficulties at the port of entry; but you should be prepared to document your ties to your nation of origin if asked.

  3. #3
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Reentering on a F Visa After a Prior Overstay

    Thanks for your reply.
    So in the electronic application for a visa I should answer 'yes' to the question: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? What is the best way to explain my situation?
    Wouldn't it be automatic decline in visa?

    Can I answer 'no' and explain the details during the personal interview?

  4. #4
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Reentering on a F Visa After a Prior Overstay

    Quote Quoting Seisher
    View Post
    Thanks for your reply.
    So in the electronic application for a visa I should answer 'yes' to the question: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? What is the best way to explain my situation?
    Wouldn't it be automatic decline in visa?

    Can I answer 'no' and explain the details during the personal interview?
    Please don't mind the question, I had it figured out.

  5. #5
    Join Date
    Mar 2012
    Posts
    1

    Default Re: Reentering on a F Visa After a Prior Overstay

    Quote Quoting Seisher
    View Post
    Please don't mind the question, I had it figured out.
    Hi, could you please share what you figured out, did you say no and explained it during interview or.....? Thanks!

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,775

    Default Re: Reentering on a F Visa After a Prior Overstay

    He probably figured out that lying was a really bad idea and that, as he was told, if he obtained a F1 visa and was prepared to document his ties to his nation of origin he would likely be admitted despite his past overstay.

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