PDA

View Full Version : Overstay on visitor visa


g0madhoo
08-22-2012, 05:12 PM
Hello,

My parents visited USA on visitor visa (with multiple entry and valid for 10 years). Initially they planned to visit for 6 months. later they applied for extension of their visit after spending 4 months in USA. Their extension request got denied and they received the denial letter. They overstayed for 3 weeks after receiving the denial letter.

I would like to know what’s the status of their existing visitor visa status. Is there any way can I find the status of visitor visa.

If the existing visa is not valid then can they re-apply for the visitor visa? And what is the procedure for that. Please let me know.

Thanks for your help!
Madhoo

vmb7
08-22-2012, 08:31 PM
madhoo, you mean they stayed for 4 months + 3 weeks or 6 months + 3 weeks?

whats the date on their I-94's?

g0madhoo
08-23-2012, 12:18 PM
madhoo, you mean they stayed for 4 months + 3 weeks or 6 months + 3 weeks?

whats the date on their I-94's?

Thanks for your reply.

They applied their extension after spending 4 months in USA.
The denial letter got received after 7months stay.
They left the usa after 3 weeks(total around 8months stay in that trip) upon receiving the denial letter.

Could you please answer now?

vmb7
08-23-2012, 01:15 PM
Madhoo,

I am not sure if you can check their visitor visa status anywhere.

To my knowledge, its usually a problem when they try to enter the US next time. But if you have a strong enough reason with proofs (like if its medical and they really had no option but to extend) then may be its Ok. But again, I am not sure.. My mom had a severe back problem right before her return journey but it was not strong enough to extend her trip so she had to travel in bad health.

g0madhoo
08-23-2012, 01:28 PM
Madhoo,

I am not sure if you can check their visitor visa status anywhere.

To my knowledge, its usually a problem when they try to enter the US next time. But if you have a strong enough reason with proofs (like if its medical and they really had no option but to extend) then may be its Ok. But again, I am not sure.. My mom had a severe back problem right before her return journey but it was not strong enough to extend her trip so she had to travel in bad health.

Hi VMB7,
I have been searching different forums for this question. But i did not get any definite answer. Thanks for sharing the info.

prasad_2007
08-23-2012, 02:20 PM
Hello,

My parents visited USA on visitor visa (with multiple entry and valid for 10 years). Initially they planned to visit for 6 months. later they applied for extension of their visit after spending 4 months in USA. Their extension request got denied and they received the denial letter. They overstayed for 3 weeks after receiving the denial letter.

I would like to know what’s the status of their existing visitor visa status. Is there any way can I find the status of visitor visa.

If the existing visa is not valid then can they re-apply for the visitor visa? And what is the procedure for that. Please let me know.

Thanks for your help!
Madhoo

Visa is still valid. If they visit after an year they will get 6 months entry on I94. But if they return to US within 1 year gap. They will have 4 months or shortened I94 validity.
If one repeat overstaying they will get 1 month on I94 and cancellation of visa at port of entry.

This is usual pattern I observed. But it is upto discretion of immigrant officer.
Its always good to carry proof all previous extension documents while travelling.

I am not lawyer. This is not legal advise

g0madhoo
08-24-2012, 01:26 PM
Visa is still valid. If they visit after an year they will get 6 months entry on I94. But if they return to US within 1 year gap. They will have 4 months or shortened I94 validity.
If one repeat overstaying they will get 1 month on I94 and cancellation of visa at port of entry.

This is usual pattern I observed. But it is upto discretion of immigrant officer.
Its always good to carry proof all previous extension documents while travelling.

I am not lawyer. This is not legal advise

Thanks for your response.

I would be helpful if other members give some more information if they have.

ivgclive
08-24-2012, 03:58 PM
Thanks for your reply.

They applied their extension after spending 4 months in USA.
The denial letter got received after 7months stay.
They left the usa after 3 weeks(total around 8months stay in that trip) upon receiving the denial letter.

Could you please answer now?

The question will be raised when they go for visa renewal or coming back to US next time.

You can not hide the 3 weeks 'overstay'. But you can produce valid reasons.

Keep all papers for records. Date extension applied, date it is denied etc. Give them the exact reason why they stayed 3 more weeks like illness, delay in getting ticket etc.

I don't think CBS would consider this as a 'punishable' overstay.

g0madhoo
08-24-2012, 06:49 PM
The question will be raised when they go for visa renewal or coming back to US next time.

You can not hide the 3 weeks 'overstay'. But you can produce valid reasons.

Keep all papers for records. Date extension applied, date it is denied etc. Give them the exact reason why they stayed 3 more weeks like illness, delay in getting ticket etc.

I don't think CBS would consider this as a 'punishable' overstay.

So Do you think the current visa is till valid. Please let me know. Thanks!

immigrant0809
08-24-2012, 07:41 PM
An overstay by even one day automatically voids the visa per INA 222(g).

To be admitted to the USA again, they must apply for a new visa. The application can only usually be made in their Country of Nationality.

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.

The extraordinary circumstances mentioned usually mean a matter of life and death.

g0madhoo
08-26-2012, 12:06 AM
An overstay by even one day automatically voids the visa per INA 222(g).

To be admitted to the USA again, they must apply for a new visa. The application can only usually be made in their Country of Nationality.



The extraordinary circumstances mentioned usually mean a matter of life and death.

Thanks!