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  • overstaying for one month

    good day to all. my parents visited the US in july 24, 2002 and were given a 6 month stay. their 6-month stay would expire in january 24, 2003 and was set to leave the US on the specified date. however, in dec 2002, my father underwent a prostate operation. upon their visit to the attending physician to seek for travel clearance, the doctor advised my father to take a month's rest since he was just newly operated on and the doctor feared my father would have a relapse. because of the this, they were not able to leave the US on jan 24, 2003 (the date their 6-month stay expired) and instead left the US only on feb 24, 2003.
    my question is this - should they decide to go back to the US in jan 2007, will they be allowed entry knowing fully well that they overstayed for one month without filing an extension. by the way, they did not file for an extension because they had no plans of extending their stay in the US. what documents, if any, will they show to the immigration official at the port of entry? please help me...thank you very much.

  • #2
    section 222g states that if you overstay by even 1 day, your visa gets void
    automatically. So, they won't be able to enter on the visa they used for the last entry.
    THey should apply for another visa and try to convince the consular at the embassy why they overstayed.

    Originally posted by sandz
    good day to all. my parents visited the US in july 24, 2002 and were given a 6 month stay. their 6-month stay would expire in january 24, 2003 and was set to leave the US on the specified date. however, in dec 2002, my father underwent a prostate operation. upon their visit to the attending physician to seek for travel clearance, the doctor advised my father to take a month's rest since he was just newly operated on and the doctor feared my father would have a relapse. because of the this, they were not able to leave the US on jan 24, 2003 (the date their 6-month stay expired) and instead left the US only on feb 24, 2003.
    my question is this - should they decide to go back to the US in jan 2007, will they be allowed entry knowing fully well that they overstayed for one month without filing an extension. by the way, they did not file for an extension because they had no plans of extending their stay in the US. what documents, if any, will they show to the immigration official at the port of entry? please help me...thank you very much.

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