B2 Visa overstay by 3 days

[zvsp45]

Hi Experts - Please help!

I booked tickets for the following dates for my mom travelling on B2 visa -

Arrive in US on Aug 28th 2013
Return to India on Feb 27th 2014

The total number of days account to 183 days

In general per entry you can stay for 6 months - (180 days as per calendar dates with 28 days in Feb)
When I booked the tickets I accounted for months - 6 months between travel dates.

On the passport at the time on entry the immigration officer asked when you are returning and we indicated Feb 27th, the Officer did not enter any departure date on the stamping. No I-94 form was given during entry.
The B2 visa is valid till 2015.

I am worried about the 3 days will that be considered overstay ?
Do I have to file for extension?
Is there any waiver we can get later?
Will this cause any problem for the next travel?

Thank you for your time.

_Santosh

[peace999]

So far there has been no overstay as you do not even know the last date authorized for her stay.
THese days no I-94 is given but the passport is always stamped the last date of your stay.
If the officer did not do it, it was mistake by the officer. And you should have got it corrected
immediately or soon after entering. YOU CANNOT JUST ASSUME THEY GAVE YOU 6 MONTHS. They give less than 6 months in many cases too.

Adv;
Go to CBP website and take a printout of her I-94. See if the online I-94 has any last date. if it does not,
Take a copy of that to the DEFERRED INSPECTION SITE close to your residence and get the error corrected .
CBP.gov has a list of these sites.

[ramz]

B2 Visa overstay by 3 days

I'll advice she leave these month if you ever want your mother to come to US again , let her leave these January cos if she over stay she won't be allowed in for 3 to 10 years. I Don't think you want that so do what's right. My opinion not legal advice.

[zvsp45]

Followed up on CBP.gov

So far there has been no overstay as you do not even know the last date authorized for her stay.
THese days no I-94 is given but the passport is always stamped the last date of your stay.
If the officer did not do it, it was mistake by the officer. And you should have got it corrected
immediately or soon after entering. YOU CANNOT JUST ASSUME THEY GAVE YOU 6 MONTHS. They give less than 6 months in many cases too.

Adv;
Go to CBP website and take a printout of her I-94. See if the online I-94 has any last date. if it does not,
Take a copy of that to the DEFERRED INSPECTION SITE close to your residence and get the error corrected .
CBP.gov has a list of these sites.

Thanks peace999!

I checked on CBP.gov and there is no record of entry for my mothers passport number. So I will now check with Deferred Inspection Site.
Isn't the Officer at the port of entry responsible to check this basic information and update the passport? My Mother is on wheelchair and does not know much to verify and report immediately. As I indicated earlier the officer did ask when she plans to return and she showed him the itinerary with return flight booking details.
I just happen to check as we are closer to the date of departure. I hope we are not penalized for someones negligence.



_Santosh

[peace999]

good thing you checked . people at the inspection site will understand your mother's situation
and they should be giving her 6 months from the date she entered.