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Thread: F-1 Overstay - Voluntary departure - Can I apply for thirtd coutry visa

  1. #1
    I have overstayed my F-1 and agreed to leave in couple of months (voluntary departure). I want to comeback to finish my Masters. Is it feasible to apply and obtain an F-1 in Canada or Mexico?

    Thanks much.

  2. #2
    I have overstayed my F-1 and agreed to leave in couple of months (voluntary departure). I want to comeback to finish my Masters. Is it feasible to apply and obtain an F-1 in Canada or Mexico?

    Thanks much.

  3. #3
    It depends on how long you overstayed.

  4. #4
    I am not sure how long I overstayed. I came to the US on the September 21, 1991 on a student visa that says D/S (duration of studies?) and was 'cought' by 'US boarder guards' on march 13 2002. I believed that mine was a ten year visa. But the 'US boarder guards' (somewhat like security guards in parking lots) typed up the "deportation order" in which it says that my visa expired in December 2000.

    I didn't contest it in the courts, (didn't have lawyer) just took the 'voluntary departure' and left within the alloted time (in september 2002). I was of the impression that since I didn't have any criminal record, not even traffic violation, during my almost 11 year stay, and left within the alloted time I would get visa if I wanted to come back for some reason.

    Now it seems what they wrote on that letter matters.

    And I have never tried to change my status; does this help during the interview? Also, is it possible to have a lawyer with me during the interview. (I should ask a lawyer...but for now I like to know)

    Thanks a bunch 0.

  5. #5
    You can not apply for Visa in any third country. You must apply in your home country for Visa. Since you had asked for Voluntary Departure, you can apply for Visa. You might get visit Visa or Student Visa. You should try to get in touch with some college where you intent to study.
    Good luck.

  6. #6
    I tend to disagree with Umesh. You may most definitely apply for a visa to a third country. You may or may not have additional problems obtaining that visa due to the presence of a canceled visa in your passport, however you should be completely honest when applying so that there are no problems.

    Additionally, if you obtain the visa you may need to be in your country of orgin or other country to pick up your visa (i.e. being out of status may cause you problems in the receipt of your visa). I am not sure of the details on this.

    I do know that my husband is currently barred from the USA however, we have had little difficulty in obtaining tourist visas for him to other countries, (i.e. ireland). There was some confusion over the cancelation stamp in his passport one time, however, since we had hidden nothing during our application process, the situation was quickly fixed.

    If the bar is not waived we intend to apply for permanent residency in canada (I am a professional and would be able to obtain residency in this way).

    Good luck!

  7. #7
    you may be able to apply for a visa in a 3rd country, but, most likely you will find it difficult to obtain that visa for 2 reasons.
    1) you would have to convince the embassy that you would depart the US and go back to your home country (whatever it is) after a visit of appropriate duration - which will be almost impossible in a 3rd country because the embassy folks will not likely know much about your situation in that country -
    2) the last time you received a visa you abused it - and therefore your credibility is about zero. Why should the embassy believe that THIS TIME you would abide by the terms of any visa granted?
    so, yes, you could apply (dependent upon the workload and other requirements of that embassy) in a 3rd country, but I would guess your chances of getting said visa would be nil.

  8. #8
    You are subject to the 10 years bar.

  9. #9
    Umesh Passi:
    I am in the process of getting my F-1, from a graduate school where I have been studying. (I got my undergraduate in 1996) I only need one full semester, finish it I think.

  10. #10
    spouse: I think you may have misunderstood the 'third country visa' concept. It is actually, as I understand, a process where people who have temporary visas such as H1-B or F-1 could extend, obtain multiple entry ect., in a country other than their native country or the US. It actually refered to Mexico and Canada, where 'boarder posts' will process the application.

    To apply for a fresh visa to enter the US from a country other than the native country of the applicant, as I have applied in my case, also is erroneous, I think.

    But actually I am in another country, Canada, (not my native country) where I want to apply for an F-1 visa.

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