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  1. #1
    Join Date
    Nov 2012
    Posts
    4

    Default Overstayed Before Graduation

    Hello,

    I was an international student and I graduated a college August 2012.
    After gradation, I left United States and came back to my country, and I found myself that I might overstay in US.

    I was supposed to graduate April 2012, and my I-20 says it, too. But my F-1 visa expires at January 2013.

    Anyway, I graduated 4 month later, but I did not extend my I-20 because I thought it would be automatically updated.(this was totally my fault) I took classes until the end of June, and I left US the end of July. The grace time for my I-20 was until the end of June, luckily after I finished all of my requirements. But I overstayed about 20 days before official graduation(August).

    my question is..

    1) Did I really overstay in US? I am confused whether I did so... because of my F-1 visa expiration date.

    2) Will they cancel my diploma if they know I overstayed?

    3) If it is true that I overstayed, will I be able to visit US sometime in my life? I know there is 3-year-banning rule, but I've never seen someone could successfully enter US after they overstayed in the past.

    4) Is there anyway that I can solve this problem? such as taking an legal action to erase overstaying track.

    Thank you so much for your help.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Overstayed Before Graduation

    Visa controls entry; I-94 controls stay. Your I-94 likely had D/S date which mean no ban is incurred unless there was specific immigration processing against you. If there was a date, an overstay of less than 6 months is no ban.

    Your diploma is not in jeopardy.

    You may have difficulty getting a visitors visa in the future, but it will not be solely on what occurred while you were a student. If you decide to apply for another visa, since you seem to be unfamiliar with the rules and your history is fuzzy, consult a US immigration attorney to make sure you have the best documentation to present to support your visa request.

  3. #3
    Join Date
    Nov 2012
    Posts
    4

    Default Re: Overstayed Before Graduation

    Thank you so much for your reply. I have one more question.

    It says reinstatement to F-1 Status is possible if I have not been out of status more than 5 months. It has not been 5 months, but I already graduated and left US. Is it still possible to do reinstatement?

    Thank you.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstayed Before Graduation

    Quote Quoting Jane57851
    View Post
    I was supposed to graduate April 2012, and my I-20 says it, too. But my F-1 visa expires at January 2013.
    As T53147 says, the key document is your I-94. The visa allows you to lawfully enter the U.S., while the I-94 governs the duration of your stay. For F1 students the I-94 is often marked D/S, or "duration of stay", such that a student may remain in the U.S. as long as she continues her course of studies, remains in her exchange program, or participates in qualifying employment. By the same token, if the I-94 expires before the visa expires, the later expiration date of the visa does not authorize a continued stay - overstay is based upon the I-94.

    While, assuming your I-94 is marked "D/S", you don't have unlawful presence, even a brief stay past the period authorized by your I20 can raise questions in the future as to whether you will depart from the U.S. in a timely manner, as promised. You may end up facing more scrutiny when you apply for visas in the future, or when you again attempt to enter the U.S. I suggest keeping some documentation of your course completion date handy when you enter the U.S. - not offering it to an immigration officer, but to have it on hand in case this becomes an issue and you want to prove that your stay beyond the I-20 was in fact to complete your program. A consultation with an immigration lawyer, as T53147, would not be a bad idea before applying for a new visa or, if your nation participates, attempting to enter through the visa waiver program.
    Quote Quoting Jane57851
    View Post
    It says reinstatement to F-1 Status is possible if I have not been out of status more than 5 months. It has not been 5 months, but I already graduated and left US. Is it still possible to do reinstatement?
    You mean, attempt a retroactive reinstatement? Or are you hoping to reenter to do another degree? As previously indicated, for the scenario you've shared, your visa expiration date isn't the issue.

  5. #5
    Join Date
    Nov 2012
    Posts
    4

    Default Re: Overstayed Before Graduation

    For quote #1

    It is complicated. I was a full-time student until April, then I continued my summer 1 semester (say this way because there are two summer semesters). I finished summer 1 semester courses and also was done with all of my requirements. I didn't take summer 2 semester course, which starts on July, but I was stay in US that time because graduation for summer semester is August 2012. In short, I was not a full-time student on July, but it was before the graduation. Will that make difference?

    Quote #2

    Yes. I mean whether a retroactive reinstatement is possible this time.

    Thank you,

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstayed Before Graduation

    Even if there were a point in trying to retroactively renew your visa, and given that you don't appear interested in resuming studies in the U.S. I'm not seeing the purpose, it wouldn't change the I-20 / I-94 issues. Also, you can only renew a F1 visa if you're a student in good standing - you've graduated.

    Again, the visa is about entering the U.S., and does not control the duration of stay.

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