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  1. #1
    Join Date
    Feb 2012
    Posts
    6

    Default Will a Parent's Overstay Affect Your Visa Application

    Hi,

    I have a F1 visa, and my father visited me 4 years ago with a B2 visa. He then overstayed for more than 3 years. He left America last year. My F1 visa is expired 4 years (my status is still F1 student which is legal). Now I need to leave America, but I need to come back. When I come back to America, I need to reapply for US visa, My question is, is there a chance that my visa will be rejected because of my father's overstay?

    thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    Your dad's overstay shouldn't have any bearing.

    You appear to be stating that you had a F1 visa and stopped your course of studies four years ago. I guess we're to infer that your i-94 is marked "D/S" and there has been no ruling by an immigration judge on the issue of when your status ends? If you've been in the U.S. for four years without being in school, even if not technically an overstay, that could raise questions about whether you have been unlawfully employed, and whether you will leave the U.S. in a timely manner if allowed to enter on a new visa.

  3. #3
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    Thank you for your replay.

    Sorry that I didn't state my situation clearly. I've been a registered student since I came to US. Four years ago, I finished my master degree and invited my father to visit me. I then continued with my Phd study (Now I am still a registered phd student, maybe graduate next year). My father left America last year. I now need to go back to my country for this summer, when I come back to US, I need to reapply for the visa. I am worried that the visa officer might find out that my father overstayed for over 3 years when he was visiting me and reject my visa application.

    Thanks

  4. #4
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    Any reply???

    Quote Quoting alicia1986
    View Post
    Thank you for your replay.

    Sorry that I didn't state my situation clearly. I've been a registered student since I came to US. Four years ago, I finished my master degree and invited my father to visit me. I then continued with my Phd study (Now I am still a registered phd student, maybe graduate next year). My father left America last year. I now need to go back to my country for this summer, when I come back to US, I need to reapply for the visa. I am worried that the visa officer might find out that my father overstayed for over 3 years when he was visiting me and reject my visa application.

    Thanks

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    We cannot predict the actions of a single immigration officer, as that may be what it comes down to.

  6. #6
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    Help please!

    Does it affect my visa application?

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    You were told the answer, but I'll repeat it. Your father's overstay should not affect you. Now if he were still illegally present in the US and you were trying for an F1 or other non-immigrant visa, they might doubt your intent, but I can't see how it would affect things now.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will a Parent's Overstay Affect Your Visa Application

    However, your visa can still be denied. You still must demonstrate that you do not have immigration intent and do have adequate funding.

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