What are the consequences if I overstay my visa? 1 Answers as of August 23, 2011

I planned to stay at the US to travel around for 6 months, which is the legal period for a B2 visa. Due to problems at the airport with the immigration officer I only got admitted for 1 month (till the end of August). The problem is also that I booked my flight according to my plans (end of January 2012). What are the consequences if I overstay 5 months?

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If you file for an extension of your B2 status before the end of August, you will not accrue unlawful presence unless it is denied. If you stay more than 6 months after the date on your I-94 card, you will be subject to the 3 year bar to reentry. If you overstay by only 5 months, you will not be subject to the 3 year bar, but a Consular official can use that to deny a future visa.
Answer Applies to: Colorado
Replied: 8/23/2011
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