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Will I have a problem coming back to US?

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  • Will I have a problem coming back to US?

    Hello everyone,

    I've stayed in US for 9 years with F1,OPT & B2 extension. When I applied for an extension of my stay right before OPT expired, I got approved for six months. This was back in 2003. However, my I-94 had no dates on it, such as D/S, etc. I only had my application/case number, I-94 number (admission # I think), my name, country & birthday. However, the approval letter mentioned the duration of stay which was 6 months. Then, I applied for another extension but this time it wasn't approved. I had to send my original/last I-94 (the one with no dates on it) for this 2nd application. However, I still have the copy (front & back) of this I-94 in my possession. Other strange thing is that my 2nd extension is still pending on USCIS's website online case status check. Even today! It says

    Your I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS was received on Aug 25, 2003. We mailed you a receipt with informationabout processing. It is taking between 90 and 120 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

    I left the country on Jan 2005 & showed my print out with the message above. I had no problems leaving like this. Now, I want to apply for a tourist visa & go to Hawaii in couple months for a vacation. What are the chances that I'll face problems coming back to US?

    Thanks for the replies!

  • #2
    Hello everyone,

    I've stayed in US for 9 years with F1,OPT & B2 extension. When I applied for an extension of my stay right before OPT expired, I got approved for six months. This was back in 2003. However, my I-94 had no dates on it, such as D/S, etc. I only had my application/case number, I-94 number (admission # I think), my name, country & birthday. However, the approval letter mentioned the duration of stay which was 6 months. Then, I applied for another extension but this time it wasn't approved. I had to send my original/last I-94 (the one with no dates on it) for this 2nd application. However, I still have the copy (front & back) of this I-94 in my possession. Other strange thing is that my 2nd extension is still pending on USCIS's website online case status check. Even today! It says

    Your I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS was received on Aug 25, 2003. We mailed you a receipt with informationabout processing. It is taking between 90 and 120 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

    I left the country on Jan 2005 & showed my print out with the message above. I had no problems leaving like this. Now, I want to apply for a tourist visa & go to Hawaii in couple months for a vacation. What are the chances that I'll face problems coming back to US?

    Thanks for the replies!

    Comment


    • #3
      It appears that you were out of status for more than 365 days, and are, therefore, unable to return to America for a period of ten years. I would suggest that you don't apply for a tourist visa, and save yourself the $100 visa-application fee.

      Comment


      • #4
        Where do you want to apply for your tourist visa?

        Comment


        • #5
          Why is it important where I apply for visa for?

          Comment


          • #6
            If you are out of US then for get about appling for any kind of visa.
            First of all you have already overstayed and that makes you out of status.
            If you are from Asian Country then Just for get about that, the Staff and Co are now more carefull about guys like you who would like to misrepresent the facts to the US Officials.
            Is it clear now.

            Comment


            • #7
              I live close to Bahrain. So, do I have any chance? I am not Asian.

              Comment


              • #8
                Degletnoor: It's very simple: if you were out-of-status for more than 180 days, you are inadmissible for a period of three years. You are inadmissible for a period of ten years if you were out-of-status for more than 365 days. If you are inadmissible, you will not get a visa.

                See how simple it is?

                Comment


                • #9
                  degletnoor, you're screwed.

                  Comment



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