Ovestayed visa?

Question

hi, i have a multiple entry visa but overstayed it un intentionally... i applied for an extension 2.5 months prior to the expiration of my visa and have to wait for it to come, i just recieved the reply yesterday and i got denied extension, the problem is im now 2 months overstayed... how will this affect my multiple entry visa? what are the consequences of my unintentional overstaying. if i go back to my home country, will i be allowed back in the us in the future? how long before i can come back? ned help. tnx

Answer 1

When you received a notice of denial of your application, you should have received a form I-797. On the form I-797, Notice of Action, CIS may have written words which more or less said that you were granted a period of voluntary departure, normally 30 days.

If you leave before those 30 days expire, you will not have accrued any unlawful presence unless your application was denied because it was deemed frivolous or because you worked without permission prior to submitting the form.

You said the I-539 was submitted early so it was not untimely. Therefore, if it was not denied because of a status violation and was not considered frivolous, your visa is not considered automatically void pursuant to section 222(g)(2) of the Act.

You would be unwise to come back anytime soon, but it appears that you could come back someday after you firmly reestablish yourself in your home country.