Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Overstay in USA B1/B2

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Overstay in USA B1/B2

    Hi friends,

    I'm holding 10years multiple B1/B2 visa, which expires in 2011.

    From the year 2000i'd visited USA, 3 TIMES and returned back to India

    within time.Fourth time i visited USA IN 2004 AND granted I-94 for 3 months.

    and i overstayed for 3 more months without applying for extension

    and returned back to India within 6 months.

    while returning handovered I-94 to Air lines executive.

    It is almost 2 years and Now i wish to visit USA, My Question

    is... Is there any problem with the immigration officials at Port of entry.

    Plz send ur suggestions,comments to my e-mail : [email protected].

    THANKS. GOD BLESS U.
    Last edited by venki; 10-30-2006, 11:20 AM.

  • #2
    Even if you overstay only one day, your visa is automatically canceled.
    If you go to US now,your visa will be manually cancelled and you will be sent back from the airport. The I-94 you deposited while leaving US the last time recorded an overstay with
    USCIS and it will show on the computer at entry.

    You will have to apply for a new visa now and if you want to succeed,
    you should prepare yourself with a good explanation to the officer at the embassy why you overstayed.


    Originally posted by venki
    Hi friends,

    I'm holding 10years multiple B1/B2 visa, which expires in 2011.

    From the year 2000i'd visited USA, 3 TIMES and returned back to India

    within time.Fourth time i visited USA IN 2004 AND granted I-94 for 3 months.

    and i overstayed for 3 more months and returned back to India within

    6 months. It is almost 2 years and Now i wish to visit USA, My Question

    is... Is there any problem with the immigration officials at Port of entry.

    Plz send ur suggestions,comments. THANKS
    Last edited by peace; 10-27-2006, 08:38 AM.

    Comment


    • #3
      Peace, Where did u get these info?

      Comment


      • #4
        By section 222(g).
        Last edited by peace; 10-27-2006, 04:55 PM.

        Comment


        • #5
          Peace, can you clarify a little, if you overstay but have applied for an extension, you should be fine while waiting to get an answer, right?

          Comment


          • #6
            Well, the law states you are fine till you get a response . If you get a denial,
            you should leave right away (1-2 days). In case of a denial, always carry a
            copy of your I-94, the denial notice, and evidence of the day you left US
            (boarding pass, arrival stamp at home country on your passport), when you
            enter US the next time. This is to prove to the officer at entry, in case there is a problem, that
            you left right away after you received the denial notice.Remember,
            the CBP officer at entry has all the powers to admit you or deny you
            admission.

            Originally posted by aneto
            Peace, can you clarify a little, if you overstay but have applied for an extension, you should be fine while waiting to get an answer, right?

            Comment


            • #7
              Information on section 222(g) is provided at https://www.immihelp.com/section-222...ays-in-the-us/
              Immihelp Support
              No legal advice. Use at your own risk.

              Visa and Greencard Tracker

              Visitor Medical Insurance for your visiting relatives.

              Comment


              • #8
                I read the information in https://www.immihelp.com/section-222...ays-in-the-us/.

                I does mention that the 222g will not apply if you get an approval following and overstay or if you leave while response is pending.

                I couldn't however find where it talks about the fact that if you leave the country immediately after an extension denial you will be ok.
                Can you point me to the paragraph?

                Thank you.

                Comment


                • #9
                  You did not find such information because such rule does not exist.
                  There is no rule that says that you will be fine if you leave in 1 or 2 days.

                  As soon as your petition is denied, you are out of status. Even if you leave same day, you would have incurred illegal stay of at least 1 day and that is what voids visa under 222(g).
                  Immihelp Support
                  No legal advice. Use at your own risk.

                  Visa and Greencard Tracker

                  Visitor Medical Insurance for your visiting relatives.

                  Comment


                  • #10
                    This contradicts an earlier response by Peace who says that 1-2 days after denial does not void the visas. So which one is correct?

                    Thanks

                    Comment


                    • #11
                      I am not sure on what basis 'peace' is saying that 1 or 2 days of overstay is fine.

                      If you look at the law wording, there is no mention of 1 or 2 days or any grace period.

                      This topic has been discussed many many times on this web site. It is up to you whether to believe or not. If you want to take chance, that's fine.
                      Immihelp Support
                      No legal advice. Use at your own risk.

                      Visa and Greencard Tracker

                      Visitor Medical Insurance for your visiting relatives.

                      Comment


                      • #12
                        Not trying to beat the dead horse but I really need to understand this well so that I can decide if I have to send my mom home immediately. So thanks in advance for your patience.
                        If the visa is to be cancelled at the point of departure when submitting the I-94 will it help to submit the denial notice as a reason for overstay?
                        If the visa is a subject of manual cancellation the next time the person tries to enter the country is there anything we can do to justify the overstay to the admitting officer? Or is he just going to follow the protocol and not even bother to look at denial notice and proof of quick departure.

                        Thanks

                        Comment


                        • #13
                          Overstay In Usa B1/b2

                          To,

                          Immihelp Administrator, Peace & Aneto,

                          Thank you all very much for expressing your valuable suggestions.

                          Venki

                          Comment


                          • #14
                            Overstay In Usa B1/b2

                            TO,

                            IMMIHELP ADMINISTRATOR, PEACE, ANETO.

                            Dear Sirs,

                            I understood through my friends who stay in USA that any person

                            who overstays less than 6 months beyond their I-94, they can visit USA

                            after a BARR of 2 years. Is it true? In my case is it applicable?

                            Please do comment on this. Thanks.

                            Comment


                            • #15
                              NO. If you overstay less than 180 days, there is no bar. You can reenter
                              whenever you want provided you get another visa, because your existing visa will beome cancelled.
                              What is your situation, can you please repeat?

                              Originally posted by venki
                              TO,

                              IMMIHELP ADMINISTRATOR, PEACE, ANETO.

                              Dear Sirs,

                              I understood through my friends who stay in USA that any person

                              who overstays less than 6 months beyond their I-94, they can visit USA

                              after a BARR of 2 years. Is it true? In my case is it applicable?

                              Please do comment on this. Thanks.

                              Comment

                              {{modal[0].title}}

                              X

                              {{modal[0].content}}

                              {{promo.content}}

                              Working...
                              X