it will impact .. they will ban for 10 years.. please talk to a reputed lawyer.

no it doesn’t. 10 years ban is overstaying for year or more. 6 months till 11 months is 3 years

don’t leave the country. you break the law already

Why my lawayer told me to leave asap if I wanna come back lol? thise answers are not right are you lawyer too?

If you have an attorney, why are you asking random people? Seems redundant

excuse me? I’m asking because maybe someone has or had the same problem. your comment seems redundant not mine

Maybe you should rephrase the question and direct it at who have overstayed. Prople are replying to you trying to help but responses seem quite rude.

my first question is how bad is overstaying, this question goes for people who overstayed or know information about this. I really don’t understand why iam being rude, you were the first who started asking me question why I’m asking random people and that it seems redundant. you probably don’t know but lawyers help is for an hour that’s what I did and I don’t wanna pay another an hour for one question, are we clear or do you need some more information?

I’m good, best of luck

thank you

Under ‘180 days’ it’s not qualified as overstaying. That said, I think the best would be to get out, but consult with your lawyer.

Thank you!

Thank you for this answer it really helps

Nothing to do with ‘spirit of visa’ but with 180 days/calendar year max not to be considered a resident. Being out-of-status for less than 180 days total (not calendar year) will probably have no impact. Consult with a lawyer, because dudes in here don’t know what they are talking about and wrongly assume that everyone applies for the same visa they applied for, in their personal experience, and will face the same issues. Despite what we might think, applications are reviewed manually, and decision often made on a case-by-case basis. I personally got approved to enter with an ESTA (3-months tourist waiver) after already having stayed a total of 5.5mo (2 trips) in that single year, and that the 3rd trip would last nearly 3 months (total ~8.5mo in a single year without formal, and disclosed at the airport). They kept me 3 hours “in the back”, yes, but at the end, they let me enter. All that to say again: there’s a lot if case-by-case basis, do not rely on personal stories that are presented as “it’s like that”. Only trust your attorney. Remind that if people were really good at immigration, they probably wouldn’t hangout on a Lawfully forum…

thank you! I was overstaying j1 visa over 1-2 months(we have 30 days grace period after visa expired so idk if it’s counting too or not) and I sent papers about change of status to B2 and after a month I realized that is probably wrong and my lawyer said to leave asap if I don’t wanna be banned from us. and on July I’m planning go to the embassy for f1 visa. I’m leaving the states next weekend

The ‘overstay’ starts after the grace period. So you overstayed ~1month. It’s indeed ‘overstay’ but not unlawful until 180days/6mo. (there’s a gray area between 0-6months of overstay). Of my PERSONAL experience, I sent my application for permanent residency after 5months of overstay, it had no impact. I have no idea about that case with non-immigrant visas, as I always respected the many NIVs and IVs I had in the past. But yes, probably the best would be to go back home asap. The B-2 move might not be the best, but it could, on the other hand, give a reasonable explanation on why you made a mistake, as you were unaware of how things work. Not a strong excuse legally, but it could be ok with the consular officer.

And B-2 is tourist, so NIV, and thus confirms your non-immigrant intent, and your willingness to put yourself in a legal status. So not a dramatic thing imo, but I’m no lawyer. Had you filed for Green Card or H1-b visa (both IVs), it would have certainly been a problem to file later for an NIV like J-1.

hahaha thank you! we will see the future but thank you for help

You’re very welcome!

Me? ESTA? So because I travelled 3 times in ESTA it means that I only travel in ESTA. Who said that? Again assumptions. You might want to learn to read the nuances of the english language before applying for a visa in an English speaking country, seriously. And stop making assumption, seriously also. That said indeed, I don’t know anything about rejection or rejection decisions because I’ve never been rejected. Not surprised you know about rejection, but you clearly don’t know about decision making process more than anyone in here. Because if you did, you wouldn’t need a Lawfully account to start with. I dont care about your background. It only matters if you’re an US immigration lawyer or not. And you’re clearly not. Sharing your personal experience is fine, but generalizing your personal case as a general matter because you got visas rejected is laughable.

I always state that I’m not a lawyer and suggested Valerie not to trust anyone in here, including me. That cant speak clearer. I already answered the rest in other posts. Me too I speak 5 languages, but reading a language and understanding all its nuances are 2 different things, and the latter can only be acquired by living on the place. For example, Indian English level is quite different from US English level. Just an example.

To take away any doubts: I owned several J-1 and H1-b in the past, and now I’m in green card filing in NIW. And I already learned the law, in the US, but since I’m no immigration lawyer, I wouldn’t dare introducing myself as an expert of immigration.

Really you attacked me. Nobody cares about your background or how many languages you speak either, just curious why you get wrong what I posted.. But instead of spending time speculating on how USCIS makes decisions (something that you have no clue, like anyone else here), what about you spend your time sharing your rejection(s) stories? Although not representative of general cases, that would for sure be more helpful (aka: tell me something we dont already know)

Neither encouraged to hide it, where did you get that from? I just said that under 180 days, it has probably not dramatic consequences. I should have said that under 180 days, it’s an ‘overstay that will probably result unimpactful’. You happy now? It’s concerning that you’re helping people file for visa while not understanding the subtelty of what I post in particular since my English wording us quite simple…

It also is qyestionable what you’re doing on this forum, assuming you really have experience with visas… trying to shine to solicit clients, maybe?