I previously overstayed a student F-1 visa. Will this affect my future visa applications?

Yes. If you overstayed a student F-1 visa for more than 180 days, you will be barred from returning to the United States for either three or ten years, depending the length of overstay. Even if you are approved for another type of visa, you will be prohibited from returning to the U.S. until the time period that you have been banned has past.

Unfortunately, that’s not the only punishment aliens may face when overstaying a visa. Even after the three or ten year ban to re-entry has passed, USCIS will examine and evaluate the fact that you previously overstayed a visa when determining your “nonimmigrant intent” for future visa approval. Any period of overstay could result in the denial of future visa applications.

As trusted San Francisco F-1 visa attorneys, we know there are many reasons F-1 students may not be able to avoid overstaying the length of their visa. For example, a student may be able to extend his or her stay and avoid a ban on reentry to the U.S. if they:

  • Have pending good faith asylum applications at USCIS at the time of visa expiration
  • Qualify for asylum due to personal danger—such as battered spouses and children
  • Applicants who are awaiting decisions on pending change of status, extension, or adjustment of status petitions

If you have overstayed a previous visa, you should contact an attorney at the Law Offices of Vaughan de Kirby at 415.221.2345 immediately to learn about your legal options. For more information on the term of the F-1 student visa, click the link on this page to order our FREE book, School in the United States.

Vaughan de Kirby
California Immigration Attorney

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