如果你在美国逾期逗留（overstay），离开之后签证自动失效，而且通常情况下必须回母国重新申请签证、不能去第三国申请，依据是 INA 222(g)。
(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-
(A) on the basis of a visa (other than the visa described in paragraph (1))* issued in a consular office located in the country of the alien’s nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or
(B) where extraordinary circumstances are found by the Secretary of State to exist.
* 注：这个地方 USCIS 网页缺一个 closing parentheses，是我添加的。
22 CFR 41.101 – Place of application (b) 也明确说道：
Place of application for persons subject to INA 222(g). Notwithstanding the requirements of paragraph (a) of this section, an alien whose prior nonimmigrant visa has been voided pursuant to INA 222(g), who is applying for a new nonimmigrant visa, shall make application at a consular office which has jurisdiction in or for the country of the alien’s nationality unless extraordinary circumstances have been determined to exist with respect to that alien as set forth in paragraph (c) of this section.
当然，上述条款有例外情形，但是对于大部分人来说不适用：
《延期被拒 Overstay 其他签证会同时失效作废吗？》 《I-94 过期或延期被拒，在美国逾期或非法滞留的后果》(c) Exceptions based on extraordinary circumstances.
(1) An alien physician serving in underserved areas of the United States under the provisions of INA 214(l) for whom an application for a waiver of the 2-year foreign residence requirement and/or a petition to accord H-1B status was filed prior to the end of the alien’s authorized period of stay and was subsequently approved, but whose authorized stay expired during the adjudication of such application(s), shall make application in accordance with paragraph (a) of this section.
(2) Any other individual or group whose circumstances are determined to be extraordinary, in accordance with paragraph (d)(1) of this section, by the Deputy Assistant Secretary for Visa Services upon the favorable recommendation of an immigration or consular officer, shall make application in accordance with paragraph (a) of this section.
(3) An alien who has, or immediately prior to the alien’s last entry into the United States had, a residence in a country other than the country of the alien’s nationality shall apply at a consular office with jurisdiction in or for the country of residence.
(4) An alien who is a national and resident of a country in which there is no United States consular office shall apply at a consular office designated by the Deputy Assistant Secretary for Visa Services to accept immigrant visa applications from persons of that nationality.
(5) An alien who possesses more than one nationality and who has, or immediately prior to the alien’s last entry into the United States had, a residence in one of the countries of the alien’s nationality shall apply at a consular office in the country of such residence.
移民与身份
下面是更多移民与身份相关的文章，可使用「search」功能来搜索。我们尽可能言必有据，让本站内容更加可靠。
【免责声明】本站文章和评论回复，仅为信息交流之用，并非法律建议。在基于这些信息采取任何措施之前，我们建议您咨询有资格的专业人员。使用或依赖本网站上包含的任何信息，风险完全由您自己承担。如需法律建议，可咨询我们合作的律师事务所。
【合作伙伴】 新未名律所专业办理各类美国移民和签证，拥有名校博士团队、十几年成功经验、数千批准案例，高批准率，免费评估。网址 www.nwmlaw.com。 联系人： 蔡律师，mcai@nwmlaw.com；杨律师，qian.yang@nwmlaw.com。更多文章，请查看我们的专栏。
#
@