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Is my B1/B2 US visa still valid if I overstayed my F1 visa?
Anonymous4 views4 answers
I have overstayed my F1 visa because I was waiting for my OPT application result which would extend my stay but unfortunately I was rejected the OPT. And when I got the rejection letter, I already overstayed for about a week. Then after I sought a way out with my school's international student office and found that nothing could be done, I left the US as soon as I could which was 2-3 weeks after I got the rejection letter. So I overstayed for about a month. Someone said that the visa will be void if you overstay. So I was wondering if my B1/B2 visa is still valid as when I overstayed, my status was F1 student (I got B1/B2 visa before I got F1 visa). Will there be any problem if I re-enter the US as a tourist?
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
Your one month overstay as a F-1 student, once properly explained, sounds reasonable under the circumstances and will be helpful if you arrive to the United States on a valid B-1/B-2 visa, however, even at that time, any admission to the United States is discretionary if an interviewing officer has reasons not to admit you.
the penalty for overstaying your admission by more than 1 day but less than 180 days result in your visa invalidation. now whether you can be admitted on that by the CBP if you attempt entry as a tourist is a question to be answered once you try, which may land you in secondary inspection, or return back home on the next flight.
My understanding is that the automatic cancellation would apply to the visa utilized for you stay that you violated (F-1). You should check this with the consulate and be aware that just because you have a previously issued B-2 which still may be valid, your overstaying on your F-1 could cause a CBP officer to reject an attempted B-2 entry.
