How do I obtain a new F1 visa PhD if I overstayed on my previous F1 visa MS?

UPDATED: Sep 30, 2022

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How do I obtain a new F1 visa PhD if I overstayed on my previous F1 visa MS?

I graduated from a US university on 15-Dec, 2015. My I20 allowed me time till 13-May, 2016 to complete my MS course. My F1 visa was valid till 23-July 2018. I overstayed on my F1 visa in the US. I did not apply for an OPT. I left the US on 01-Nov, 2016, on my own accord. I did not receive any legal notifications from USCIS.I have received a PhD offer from US. I want to know if I will have any trouble in obtaining a new student visa.

Asked on April 29, 2017 under Immigration Law, Wyoming


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I think you should be ok with a new visa application. You were not unlawfully present since your prior I-94 probably indicated D/S for duration of status instead of a definite expiration date. However you were out of status once your i20 expired and you did not secure an extension or change status. However if you had a good reason that you can document or explain I should think you will not have an issue in getting a new student visa.

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