Re-entering US upon F-1 visa overstay

[Alex20101]

Hello,

I am a German citizen who lived and studied in the United States for four years on a F-1 student visa. When I graduated last year in February, I didn't leave the country for another year and thereby definitely overstayed my duration of status. The proof of my overstaying is of course the white I-94 departure record slip I had to surrender to the airline representative when I finally left the US this year. I am now planning a vacation to the US and before booking want to know what my chances of getting readmitted are.

Here are my questions:

1. Does the airline representative really hand all departure slips to some CBP officer who at the end of the day enters every passenger's departure date into some database?

2. If that is really the case, will the CPB officer who checks my passport upon re-entering the US actually have access to the same database and will notice that I had overstayed my last visit?

3. Even if he will become aware of this fact, will he deny me entry into the country because of this?

4. Lastly, how can I prepare to assure my successful re-entering the country (apply for a 6-month tourist visa, get a new passport with a new passport no.,etc.)?

Thank you people a lot in advance for you advice in the matter.

[Marco 72]

Hi Alex, violation of an F1 visa does not result in "unlawful presence", so you should not be subject to a ban. See here. That said, you may still be denied entry if the officer feels you may overstay. It would probably be a good idea to bring plenty of evidence with you that you will leave the US, e.g. letter from employer, rental or mortgage agreement, etc (don't show unless asked).

[Alex20101]

Hi Marco,

thank you for your reply. How familiar are you with the case that was discussed in the other forum? You are right, it is pretty similar to mine (My I-20 as well as my I-94 was also stamped D/S). If you allow me, I would like to ask you some follow-up questions. What I learned from the other case is that I didn't "overstay" or "accrued any unlawful presence", but violated my status.

Nevertheless, in the cited interpretation it said "Therefore, your belief that an alien violated his or her status in the United States is not, in itself, sufficient for an INA 212(a)(9)(B) finding, unless the alien entered without having been admitted or stayed beyond the Form I-94 specified date." But didn't I stay beyond the Form I-94 specified date by overstaying my D/S? Or is that just the case with I-94s marked with actual dates as opposed to D/S?

Which would you say has the better chances of success, trying to go back under the VWP or through the B2?

[Marco 72]

I don't know any more about the intricacies of overstaying and accumulating illegal presence apart from what was written in the other forum.

I am confused by your question - do you already have a B2 visa, or do you plan to apply for one? If you are eligible for the VWP (and you can find out by applying for ESTA), then you are very unlikely to be granted a B2 visa.