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  #16  
Old 02-14-2010, 06:18 PM
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Default Additional information please

GCPadmavuh:
First thanks for posting interesting information.
My mother overstayed SEVEN days and I am planning to bring her too.

Can you share more information?

Do you have any template of the document you have sent to CBP requesting information?

You contacted them by email. Right? Can you let me know the email you sent? How many days they took to reply?

How did you find the phone number of Immigration officer of your POE?

Please let me know if I need to send any additional information to CBP.
Please let me know as soon as possible.

I have sent you PM and waiting for your reponse
Thanks
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  #17  
Old 02-15-2010, 10:11 PM
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Default My email trail

retrohatao, fyi..

You could find the contact numbers for your nearest CBP port at this link: Search by the US state :

U.S. Customs and Border Protection - Contacts

I called the CBP officer at my MIL's intended POE and the officer confirmed on the phone that the visa is still valid.

Regarding the US consulate in India, my MIL went in person and spoke to someone at the Consulate.

Below is the email trail we exchanged with the cbp officers.


Hope this helps!

************************************************** ****

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

Thank you for allowing us to be of service to you.

To update your question from our support site, click here.

Subject Re: Respected sir / madam, Answer ID # XXX helped me to an extent but my further ... [Incident: 090508-00XXXX} Discussion Thread Response (Greer)07/14/2009 08:04 AM

No, the visa is not automatically canceled. The validity of her visa is shown on the visa in her passport. Upon returning to the US for a visit, you should bring the letter from the USCIS denial of extention of stay, and her departure back to India. These document will inform the CBPO that you followed the proper procedures in departing the US after receiving the denial of extension of stay.

If you have further questions, we can be reached at 866-CBP-5511.

Customer
07/13/2009 11:29 AM Contact created due to reply to expired contact 090508-000XXXX.

Sir / Madam:

Thanks for the reply. Could you please clarify if my Mother's visa is still valid? ie, if she can come using her 10 yr multiple entry visa she currently has or she has to go for another visa interview in her home country to obtain a new visa? Thank you!

--XYZ

From email id: CUSTOMS@CUSTOMS-MAIL.CUSTHELP.COM

Yes, your mother can come back to the US if she has been gone for long enough to prove that she is still living in India and does not intend to stay here. How long she must have left for will be up to the CBP officers at the airport, so I would recommend that she carry copies of the letter from USCIS and the airline ticket showing that she departed after the stay was denied.

Thank you for contacting Customs and Border Protection's Customer Service Center. If you have any other questions or would like clarification on this response, please feel free to contact us either by calling our toll free number 877 CBP-5511 (227-5511) or if calling from outside the United States our toll number 703-526-4200 and speak with a Public Information Officer. Our hours of operation are Monday thru Friday from 8:30am-5:00pm Eastern Time.



CUSTOMER 05/08/2009 03:53 PM
Dear Sir / Madam:

Answer ID # XXX helped me to an extent but I have some further questions :
Dear Sir/ Madam:
my mother has a 10 year multiple entry valid visa issued by US Consulate in India. we applied for her extension of stay which was subsequently denied by the USCIS. She left USA on the next flight to INDIA as soon as she received the denial notification email. she overstayed I-94 by about 3 weeks. I wonder if her 10 year multiple entry visa still valid? can she come to USA again to visit us for a few months?


Quote:
Originally Posted by retrohatao View Post
GCPadmavuh:
First thanks for posting interesting information.
My mother overstayed SEVEN days and I am planning to bring her too.

Can you share more information?

Do you have any template of the document you have sent to CBP requesting information?

You contacted them by email. Right? Can you let me know the email you sent? How many days they took to reply?

How did you find the phone number of Immigration officer of your POE?

Please let me know if I need to send any additional information to CBP.
Please let me know as soon as possible.

I have sent you PM and waiting for your reponse
Thanks
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  #18  
Old 02-15-2010, 10:25 PM
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Retrohatao:

Just an FYI.. I 'm assuming your mother's overstay was due to EOS denial, the discussion in this thread is limited to EOS denial only and not intentional over stays.

Also, the CBP was pretty quick in their email response, they replied within minutes of my query.

Quote:
Originally Posted by retrohatao View Post
GCPadmavuh:
First thanks for posting interesting information.
My mother overstayed SEVEN days and I am planning to bring her too.

Can you share more information?

Do you have any template of the document you have sent to CBP requesting information?

You contacted them by email. Right? Can you let me know the email you sent? How many days they took to reply?

How did you find the phone number of Immigration officer of your POE?

Please let me know if I need to send any additional information to CBP.
Please let me know as soon as possible.

I have sent you PM and waiting for your reponse
Thanks
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  #19  
Old 02-16-2010, 12:34 AM
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Quote:
Originally Posted by gcpadmavyuh View Post
Retrohatao:

Just an FYI.. I 'm assuming your mother's overstay was due to EOS denial, the discussion in this thread is limited to EOS denial only and not intentional over stays.

Also, the CBP was pretty quick in their email response, they replied within minutes of my query.

Yes that is tru. She stayed because of EOS denial. I am looking at CBP site, not able to find the contact info. Do you mind providing the link? or can I send to the email CUSTOMS@CUSTOMS-MAIL.CUSTHELP.COM directly from yahoo/gmail?

Ignore the above. One needs to signup and review the pertaining questions and answers at cbp.gov and then post the question, then await their response, which may take 48 hours max.

Last edited by retrohatao; 02-16-2010 at 10:37 AM.
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  #20  
Old 02-16-2010, 12:46 AM
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Quote:
Originally Posted by gcpadmavyuh View Post
retrohatao, fyi..

CUSTOMER 05/08/2009 03:53 PM
Dear Sir / Madam:

Answer ID # XXX helped me to an extent but I have some further
Is this the question you referenced?
Extension of Stay Denied
Question
If my request to stay past my initial period of admission was denied by U.S. Citizenship and Immigration Service (USCIS), how long do I have before I have to leave the U.S.?
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  #21  
Old 02-16-2010, 11:05 AM
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Oops. Forgot to mention that in my note above. This is correct. One needs to register on cbp.gov and post the questions. Thanks for clarifying - this will benefit others in the same boat!

Quote:
Originally Posted by retrohatao View Post
[/color]
One needs to signup and review the pertaining questions and answers at cbp.gov and then post the question, then await their response, which may take 48 hours max.
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  #22  
Old 02-16-2010, 11:09 AM
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My MIL actually left immediately after the denial notice (yes, she left within 4 hrs of the denial). My original question was whether she can come back to visit us again, and if so, would she have to go for stamping again in India. The officer answered the first portion in the reply, but did not explicitly state the stamping requirement. I had to post follow-up questions to clarify that the 10 yr multiple entry visa is not invalidated because of the denial.

As always, this comes with a disclaimer that what worked in one case might not work in another! There is always a degree of risk involved. I am certainly not a lawyer. Please consult a qualified lawyer before taking any steps involving EOS denial.

Good luck with your Mother's case! And keep us updated!

Quote:
Originally Posted by retrohatao View Post
Is this the question you referenced?
Extension of Stay Denied
Question
If my request to stay past my initial period of admission was denied by U.S. Citizenship and Immigration Service (USCIS), how long do I have before I have to leave the U.S.?
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Last edited by gcpadmavyuh; 02-16-2010 at 01:24 PM.
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  #23  
Old 02-17-2010, 05:13 PM
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I have posted my question per GCPadmavuh's guidelines. Following is the repsonse:

Quote:
Thank you for your inquiry.

Your mother's visa should be ok, I do not see why her US Visa would have been cancelled, because your mother technically did not overstay.

When a person files an extension of stay with USCIS, that person is legal to remain in the US while their extension is being processed (Even after expiry of I-94). The Person must depart the US whichever comes first: Denial from US CIS or date requested on extension. In your mother's case, she was denied, so as long as she departs the US with in 30 days from the date in indicated on the denial letter, she should be fine.

It is recommended, your mother bring copies of her extension request including denial and supporting evidence showing she departed the US on March 18, 2009, so if there are any questions by CBP Officer about her departure, she can provide proof she departed in a timely manner.

USCIS generally allows you 30 days to depart the U.S. starting from the date on the letter notifying you of their decision to deny an extension. If you do not depart within 30 days, you will be considered deportable. USCIS cautions that if you are refused permission to extend your stay, you may encounter problems with Consulates overseas the next time you apply for a U.S. visa because their computer records will indicate that you did not leave the U.S. within the time frame of your initial period of entry. Be sure to keep your rejection letter and proof of the date of your departure (a boarding pass is the best thing, but passport stamps showing entry into another country is also helpful) to give the consulate the next time you apply for a new visa. Having those may mitigate your apparent overstay and could improve your chances of renewing your visa without the five year restriction usually applied to people that have overstayed their visit.

Admissibility is determined by the US CBP Officer at the Port of Enty.

Still the scary thing is: Admissibility is determined by the US CBP Officer at the Port of Enty.

I am thinking of taking an infopass appointment to support my case further. Any suggestions?
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  #24  
Old 02-17-2010, 06:45 PM
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retrohatao:

No one can guarantee admission into the country. Even without the EOS denial.

I called up the officer at the PoE just before booking my MIL's ticket. The officer looked up my MIL's case on his computer and determined that it has been more than 19 months since she left the country, and since she is outside US for majority of the past 3 years, he thought she would be "admissible" at the PoE as long as she does not plan to stay here for more than 6 months during the upcoming visit.

Basically, he wanted to make sure that my MIL is not abusing the visitor's visa and that she has a domicile outside US where she lives most of the time and only visits US occasionally.

How long since your mother last visited the US? Can you establish that your mother was living outside of the US for most part in the past few years? Perhaps, talking to a PoE officer on the phone and getting his view might help?

Quote:
Originally Posted by retrohatao View Post
Still the scary thing is: Admissibility is determined by the US CBP Officer at the Port of Enty.

I am thinking of taking an infopass appointment to support my case further. Any suggestions?
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Last edited by gcpadmavyuh; 02-17-2010 at 08:55 PM.
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  #25  
Old 02-18-2010, 12:02 AM
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GCPadmavuh:

Quote:
How long since your mother last visited the US? Can you establish that your mother was living outside of the US for most part in the past few years? Perhaps, talking to a PoE officer on the phone and getting his view might help?
She is out of the country for more than 12 months. This is her 4th visit on her 10 year visa which is going to expire in a year.

OK will call the POE IO tomorrow. will see what he says.

Do you think taking infopass appointment would be of any use? I just took it so that I can meet in person to discuss.
This is a very gray area and gosh!! they should have made it bit simple.
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  #26  
Old 02-18-2010, 10:26 AM
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from what I understand, infopass is for cases pending with the USCIS. I'm not sure how an infopass appointment would be helpful in your case. I would recommend talking to a CBP officer instead.

Quote:
Originally Posted by retrohatao View Post
GCPadmavuh:



She is out of the country for more than 12 months. This is her 4th visit on her 10 year visa which is going to expire in a year.

OK will call the POE IO tomorrow. will see what he says.

Do you think taking infopass appointment would be of any use? I just took it so that I can meet in person to discuss.
This is a very gray area and gosh!! they should have made it bit simple.
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  #27  
Old 02-24-2010, 03:19 PM
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My encounter with local CBP POE office has not gone well. He took the details and asked how many times my mother visited US and I told 4 times.
She came four times with in a span of 11 years.
-Two times she stayed 6 months ( with in I-94 date).
-Once 11 months EOS approved for medical reasons
-Once 6months+7 days EOS denied, left immediately

I was planning to bring her here after one year of last visit.The officer told she was trying to circumvent the system and told she would be denied to enter US next time she enters. I tried to explain, but was denied even to explain.

My question to you all:
1.I find given the above answer from POE IO, is it going t be same form any POE or would some other POE may be lenient? I know it depends, but please share your thoughts
2. Given the above answer, if I rather bring her next year ( means two years out of US) through different POE would that help

I find I have unnecessarily caused the commotion by contacting the local CBP, and not lucky like many others on this thread.
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  #28  
Old 02-24-2010, 08:42 PM
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Quote:
Originally Posted by retrohatao View Post
denied to enter US next time she enters. I tried to explain, but was denied even to explain.

My question to you all:
1.I find given the above answer from POE IO, is it going t be same form any POE or would some other POE may be lenient? I know it depends, but please share your thoughts
2. Given the above answer, if I rather bring her next year ( means two years out of US) through different POE would that help

I find I have unnecessarily caused the commotion by contacting the local CBP, and not lucky like many others on this thread.
This is the experience of someone from Dallas who visits like every year or alternate years. When questioned about repeated visits he told the POE officers that he do not want to move here but comes to spend the time Grand kids every alternate years or every year.
He has been coming since 8 years with the same truthful answer.
His kids here are citizens can sponsor him for the green card at any time.
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  #29  
Old 01-23-2011, 06:20 AM
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Just in case you don't know... there is something called love, affection and relationship with your own parents other than just using their services to help with your new born.

For all those people this is helpful. I agree that we need to plan and leave before I-94 expires, but for what ever reason if it did not happen, this entry is so useful to know what will happen. We are not doing any illegal here, we just want our loved ones to stay with us longer. You will know, if your parents are retired and u r the only kid for them, on how it feels to live alone there.

It is parents man. it is your family, you can't just have them there for ever without seeing you.

Quote:
Originally Posted by Mr. Brown View Post
First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.
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