Legal Question in Immigration Law in Colorado

One day overstay on J-1 Visa (I-94 stamped D/S). What are the consequences?

I recently found out that due to a miscalculation on my part I left the US after 5 months of studying and 31 days (I thought the grace period was one months and thus 31 days, I found out later it is actually 30 days), this was about a two years ago. Meaning I overstayed by one day. My I-94 said D/S instead of an expire date. Will this 1 day overstay have any consequences on my future travels to the US? Either through ESTA or a Non-immigrant VISA. I hope someone will be able to help me.


Asked on 3/21/13, 5:31 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

When you are "Duration of Status", any overstay issue is determined by the U.S. Department of States after you depart the U.S. Meaning, that issue would only arise at the U.S. Consulate when applying for a new visa or other immigration benefit.

However, unlawful presence bars don't trigger until you have been out of status for 180 days or more. So, one day is not going to affect you.

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Answered on 3/21/13, 6:24 am
Alex Berry Damascus Road Law Group LLC

Marlene is correct. You should not have any issues, as no bar will trigger prior to 180 days,

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Answered on 3/21/13, 9:24 am


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