If I just stay after the Grace Period ends, I’d end up out of status for about a month and a half — would that cause a problem visiting the U.S. for years to come?
I’ve finished all my ESL coursework and am planning to return to Korea, but the school emailed me saying my Grace Period (60 days) allows me to stay in the U.S. only through 2/13/2023.
I’m staying with my elementary-school-age child (F2), and because of the child’s school, I’d like to know if there’s a way to stay about a month and a half longer, until the end of March.
1. I’ve read that if I file for a change of status, such as to a tourist status, I can lawfully stay more than a month and a half during the period the application is pending — would this cause any issue for my child’s elementary school attendance? I’d also like to know how to file for a change of status.
2. During the Grace Period, could I go with my child to the U.S. or Mexico, apply for ESTA, buy a flight to Korea (end of March), fly back into the U.S. and stay a month or two, and then go to Korea? I need to sort out belongings and a car at home, and I’m worried it would be a big problem if entry were denied.
3. If I just stay after the Grace Period ends, I’d end up out of status for about a month and a half — would that cause a problem visiting the U.S. for years to come?
The easiest option would be paying a semester’s tuition to the school to maintain F-1, but paying $5,000 in tuition just for a month and a half feels excessive…
I’d like to know if there’s a viable option.
1. I’ve read that if I file for a change of status, such as to a tourist status, I can lawfully stay more than a month and a half during the period the application is pending — would this cause any issue for my child’s elementary school attendance? I’d also like to know how to file for a change of status.
Answer: You can change status to a B1/B2 travel visa, and it’s fine to overstay while the change-of-status application is pending.
2. During the Grace Period, could I go with my child to the U.S. or Mexico, apply for ESTA, buy a flight to Korea (end of March), fly back into the U.S. and stay a month or two, and then go to Korea? I need to sort out belongings and a car at home, and I’m worried it would be a big problem if entry were denied.
Answer: Going back and forth on ESTA isn’t specifically a reason for entry denial, so as long as you can demonstrate it’s for travel, this shouldn’t be a problem. Entry is denied specifically when it’s determined you’re disguising an intent to reside in the U.S. Prepare plenty of travel-related documentation.
3. If I just stay after the Grace Period ends, I’d end up out of status for about a month and a half — would that cause a problem visiting the U.S. for years to come?
Answer: If the reason for the 1-month overstay is reasonable, we think re-entry should be possible after a year. If the overstay happened without any particular reason, there’s a possibility of being barred from entry for 3 years.