Asked in Immigration Law for Pennsylvania

Q: Visitor visa overstay by 4 days, after applying for extended stay. Will there be issues in reentry to the US?

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2 Lawyer Answers

A: Your B-1/B-2 non- immigrant visa has been cancelled by operation of law after you overstayed the authorized period that was granted by CBP at the U. S. port of entry. Hence you may not be allowed entry after your departure from the U.S. unless you obtain the B-1/B-2 visa at the U.S. consulate.

A: Such a short overstay and proof of applying for an extension should not cause problems upon re-entry but the officer is likely to inquire so be prepared to explain your overstay during the next entry to the US and have the notice of receipt ready to show that you applied for the extension. Best wishes!

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