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What are the consequences for overstaying for 7 weeks after a Visa denial?
Anonymous2 views3 answers
Hello, I was living in the US as a student last year, and I ask for a Visa to work there, after a few months, a got a denial and my grace period had ended by then. I got the letter about two weeks after it is dated, and then I stayed about a month while I gather my belongings, arranged everything and left. According to the letter I accumulated unlawful days in the States, now more than a year later I want to ask for a B2 visa, is it true that from now on I only can do this in the country that I was born? Thanks for your help.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Whether you "overstayed" and accumulated "unlawful presence" or not, one can apply for a B-2 visa only at his;her country of current residence, nationality and/or country where was born do not necessarily matter for being able to apply . For instance, a Brazilian native/national can apply in London, if he/she happens to be in the UK on a student and or work visa, giving that person a reason to apply in London as opposed to having to fly to Rio to attend the visa interview.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
One would need to review that letter since various letters can carry various consequences. In general, a student does not accrue unlawful presence even when overstays.
