After a Denied Extension and Overstay: Do Other Nonimmigrant Visas Become Void?
This article examines whether overstaying after a denied extension voids other visas. Citing an older USCIS memorandum, it explains that the visa under which the person was admitted and overstayed becomes automatically void, while other nonimmigrant visas do not automatically become void but cannot be used for admission and must be canceled if not issued in the person's country of nationality, illustrating this with an H-1B and B1/B2 example.
I previously explained that after one's status expires, it becomes an overstay and the visa is automatically void. A reader asked: "The USCIS text states that if an extension is denied, your nonimmigrant visa becomes void, and that section also includes a supplementary sentence: 'In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void.' Can this be understood as: if a work visa extension is denied, your work visa becomes void, but it will not affect your other visas, such as a B1/B2 business visa? Many people hold both a work visa and a 10-year business visa, but the article does not explain whether, if the extension unfortunately results in unlawful presence, it would affect other valid visas?"
On this question, USCIS explained in a memorandum many years ago:
(f) Aliens in possession of more than one nonimmigrant visa. When an alien is in possession of more than one nonimmigrant visa, the nonimmigrant visa under which the alien was admitted and overstayed becomes automatically void and must be canceled. The alien may be readmitted to the United States only on a visa issued in his or her country of nationality, unless an extraordinary circumstances exception is granted under section 222(g)(2)(B) of the Act. While the other nonimmigrant visa does not become automatically void, it may not be used for admission if it was not issued in the alien's country of nationality. Therefore, if the other nonimmigrant visa was not issued in the country of the alien's nationality, it must also be cancelled.
An alien who has overstayed must return to his or her home country to apply for a U.S. visa and cannot apply in a third country (see my article); for example, if you are a Chinese citizen and have overstayed in the United States, and wish to come to the United States again, you need to return to China to apply for a visa and cannot go to Canada to apply for a U.S. visa. According to this USCIS memorandum, if you previously applied for a U.S. visa outside your home country, after your overstay you can no longer use it and it must also be revoked. For example, you hold an H-1B and a U.S. B1/B2 visa obtained in Canada, and you are now in the United States in H-1B status but have overstayed; then:
- Your H-1B visa becomes automatically void.
- Your B1/B2 visa obtained in Canada does not become automatically void, but because it was not issued by a U.S. consulate in China (your home country), it also cannot be used and must be revoked. If the B1/B2 visa was applied for and issued in China (your home country), it will not automatically become void or be revoked.
