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  #1  
Old 02-12-2010, 01:50 AM
retrohatao retrohatao is offline
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Exclamation Question on overstay of 7 days on Visitior visa concerns on re-entry

We applied for extension of Visitor visa for my mother who has 10 year multiple entry. The extension was denied. We received the denial letter on 03/14/2009 and her I-95 expired on 03/11/2009. I could get the immediate available flight and she left with in a week time on 03/18/2009 to India. So there is an extension of 7-days on visitor visa.

We are planning to bring her this year in March/April and my question is :
1. Does the overstay of 7-days extension cause problems with immigration port of entry?
Please let me know and also let me know what are all documents needed to support our claims.

Please help. TIA
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  #2  
Old 02-12-2010, 10:17 AM
krishmunn krishmunn is offline
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Due to overstay her Visitor visa has been automatically invalidated. She now need a new visa to enter.

She will be deported from Port of Entry if she attempts to enter using the existing visa.


when applying for a new visa, she should carry the receipt for extension applied, denial and Airline ticket/boarding card showing when she left
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  #3  
Old 02-12-2010, 10:25 AM
gc_check gc_check is offline
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Don't think the information in last post is entirely accurate. Try posting in "Ask a Lawyer" section or consult an attorney to clarify.
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  #4  
Old 02-12-2010, 10:57 AM
retrohatao retrohatao is offline
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Thanks.
The reason I ask this question is to see if there were any people who had faced the same situation and had experience dealing with.
I can post it to any other subforum you guys direct if you think I would have more responses.
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  #5  
Old 02-12-2010, 11:31 AM
glus glus is offline
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hi there:

INA specifically says that visa of a person who overstayed becomes invalidated/cancelled immediately after the expiration date of his/hers I-94. If one did not incur more than 180 days after the I-94 expiration, one is NOT inadmissible to the U.S., but should obtain a new visa abrad. Taking the risk to re-enter on an invalid visa can put such a person in "expediate remova" which can have more serious ramifications. Please speak to an attorney before making any decisions. Thanx.

Direct quote:

Under INA 222(g), if an alien overstays on a nonimmigrant visa, that visa is
automatically voided
. In addition, the alien must apply for future
nonimmigrant visas in his or her country of nationality, unless the alien
qualifies for an “extraordinary circumstances” exemption.


Link, see page 7.
http://www.state.gov/documents/organization/87498.pdf

P.S. Extraordinary circumstances are usually really extraordinary and most often "circumstances of beyond of one's control." VERY difficult to prove in this instant case.

Best Regards,
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  #6  
Old 02-12-2010, 11:37 AM
krishmunn krishmunn is offline
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Quote:
Originally Posted by gc_check View Post
Don't think the information in last post is entirely accurate. Try posting in "Ask a Lawyer" section or consult an attorney to clarify.
It is accurate. Here is from Murthy Chat --

Question: Hi. Good evening. Thanks for your time. If a visitor visa extension request (someone already in the USA) is rejected, will it void the multiple entry, 10-year visa automatically, or is it only for certain cases?

Answer: The 10-year, multiple entry visa stamp is automatically void under law if the person has stayed even for a single day beyond the I-94 card expiration date. This means that if one"s I-94 card has not yet expired by the time of the USCIS decision denying the extension of status, then the person"s 10-year, multiple entry visa remains valid. But if the individual has stayed beyond that I-94 card expiration date, and then the USCIS makes a decision that is not favorable, by law the visa stamp becomes void under Section 222(g) of the INA, and the person is required to apply for all future visa stamps only in his/her home country consulate for all future visa applications. Apr-3-2006.
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  #7  
Old 02-12-2010, 12:48 PM
mantagon mantagon is offline
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...their VISA will still be VALID!

My parents' request for extension was rejected, and they left the country within 30 days as suggested on the denial letter. As per the attorneys I talked to and the forums, their VISA is still valid. See:
http://immigrationvoice.org/forum/fo...tors-visa.html

They came back to the US last month and were detained at the POE (Newark) for about 3 hours and grilled on why they wanted to stay here for 6 months. Long story short...they were only allowed to stay for 3 months!!

Hope this helps...
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  #8  
Old 02-12-2010, 02:01 PM
retrohatao retrohatao is offline
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Quote:
Originally Posted by mantagon View Post
...their VISA will still be VALID!

My parents' request for extension was rejected, and they left the country within 30 days as suggested on the denial letter. As per the attorneys I talked to and the forums, their VISA is still valid. See:
http://immigrationvoice.org/forum/fo...tors-visa.html

They came back to the US last month and were detained at the POE (Newark) for about 3 hours and grilled on why they wanted to stay here for 6 months. Long story short...they were only allowed to stay for 3 months!!

Hope this helps...
Your reply was very helpful. I have sent you a PM, could you please check?
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  #9  
Old 02-12-2010, 02:05 PM
desi3933 desi3933 is offline
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Quote:
Originally Posted by gc_check View Post
Don't think the information in last post is entirely accurate. Try posting in "Ask a Lawyer" section or consult an attorney to clarify.
http://www.state.gov/documents/organization/87021.pdf

[From PDF file]
9 FAM 40.68 N3 REQUIREMENT TO OBTAIN FUTURE VISAS IN COUNTRY OF NATIONALITY
INA 222(G)(2)

An alien who has overstayed the authorized period of admission may no longer use the visa with which he or she entered the United States. To reenter the United States the alien must obtain a new nonimmigrant visa (NIV) in the country of the alien’s nationality.




_____________________
Not a legal advice.
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  #10  
Old 02-12-2010, 02:55 PM
mantagon mantagon is offline
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Default This situation is different...

...with respect to the fact that the visitor overstayed their I-94 because of the application for extension was pending. Since the visitor left within 30 days of the decision date, their VISA does not get invalidated automatically. This is the law!!

The following will be true if a visitor simply overstays the authorized period without having any pending application for an extension.

Quote:
Originally Posted by desi3933 View Post
http://www.state.gov/documents/organization/87021.pdf

[From PDF file]
9 FAM 40.68 N3 REQUIREMENT TO OBTAIN FUTURE VISAS IN COUNTRY OF NATIONALITY
INA 222(G)(2)

An alien who has overstayed the authorized period of admission may no longer use the visa with which he or she entered the United States. To reenter the United States the alien must obtain a new nonimmigrant visa (NIV) in the country of the alienís nationality.




_____________________
Not a legal advice.
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  #11  
Old 02-12-2010, 03:30 PM
desi3933 desi3933 is offline
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Quote:
Originally Posted by mantagon View Post
...with respect to the fact that the visitor overstayed their I-94 because of the application for extension was pending. Since the visitor left within 30 days of the decision date, their VISA does not get invalidated automatically. This is the law!!
Would you mind sharing the link/source for your assertion? Since this, as you claimed, is law.

Meantime, please read this

http://www.state.gov/documents/organization/87021.pdf

9 FAM 40.68 N2.2-3
Aliens with Pending Change of Status or Extension of Status Applications
An alien is not ineligible under INA 222(g) even though the departure date on Form I-94, Arrival-Departure Record, passes, if:
(1) The alien files a timely application for extension of stay or for a change of status; and
(2) The application is subsequently approved. In addition, if an alien departs after the date on the Form I-94 passes, but before his or her application for extension or change of status has been decided by the Bureau of Citizenship and Immigrations Service (BCIS), they shall be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature. A consular officer may consider an application nonfrivolous if it is not, on its face, a groundless excuse for the applicant to remain in the United States to engage in activities incompatible with his or her status. Posts may be satisfied that an alien filed in a timely manner using evidence such as the dated receipt or canceled check from BCIS for the payment of the application fee to extend or change status together with evidence of the expiration of the alien's legal status.



_____________________
Not a legal advice.
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  #12  
Old 02-12-2010, 04:28 PM
krishmunn krishmunn is offline
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Quote:
Originally Posted by mantagon View Post
...with respect to the fact that the visitor overstayed their I-94 because of the application for extension was pending. Since the visitor left within 30 days of the decision date, their VISA does not get invalidated automatically. This is the law!!

The following will be true if a visitor simply overstays the authorized period without having any pending application for an extension.

Check Page 2, Row 3 in http://www.state.gov/documents/organization/87023.pdf

Says --

Alien admitted until specified date;
applies in timely fashion for extension
or change of status, remains in U.S.
after date on I-94 and application is
subsequently denied.


Is Subject to 222(g) .

Just because your case was overlooked possibly in error does not change the law.
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  #13  
Old 02-12-2010, 04:37 PM
gc_check gc_check is offline
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Thanks for the updates. Per the link below you had provided, looks like an issue and probably better to get a new Visa stamped prior to entering US again and avoid possible issue in POE.
http://www.state.gov/documents/organization/87023.pdf
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  #14  
Old 02-13-2010, 02:44 AM
retrohatao retrohatao is offline
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Thanks for your input.
Has any of you experienced issue at POE or known cases having faced issues at POE? I understand from the documentation that it is not allowed. Its bit gamble, but wanted to know if there are in favorable odds. Any real cases who faced such situation( favor/adverse) is very helpful. For posting his case my special thanks to mantagon
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  #15  
Old 02-13-2010, 05:44 PM
gc_check gc_check is offline
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Check the post below
http://immigrationvoice.org/forum/fo...tml#post599661

This might be an exception. But you can email consulate and check.

Last edited by gc_check; 02-13-2010 at 05:47 PM.
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