Overstayed my USA visa for less than six months and was denied reentry

score:3

Accepted answer

Yes you can and must just apply for a visa. Because you have been designated a previous overstayer, you cannot use the Visa Waiver Program.

Per 8 U.S. Code Β§ 1187

If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant

.

If by your self admission, your overstay was less than 180 days, you do not have a bar against entering the USA. Actually since you were a student and student are admitted D/S, you never accumulated any illegal presence although you fell out of status.

However make sure you are fully prepared for your visa interview and answer everything truthfully and in addition to the standard visa application supporting documents, have copies of documents of your students visa, entry and exit, graduation dates, etc which will show clearly you exited.

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