Is it considered illegal stay?

[visa_time]

I really appreciate someone share their knowledge on this info.

My parents were here in 2005 and we applied for their extension after 4 months of stay for 6 more months and INS rejected the request. They actual left to India after 10 days of INS reject notice due to non-availability of seats in return flight.

Does INS considers the stay from the notice reject and till the date they left US port?

Just if it add any value, there were here in year 2000 for 6 months and went back within the I-94 time.

Now my Mom is appearing for Visa again in Chennai and wondering how to prepare for her this question.

Thanks a lot in advance.

[immihelp]

Yes, that is considered illegal stay.

[vtam]

Even the extension is rejected and if they left before the original I-94 expiry then it wont be illegal. If they stay more than the original I-94 time then its going to be illegal.

Rgds,
Vtam.

[visa_time]

So, what are the chances of getting her visa this time based on this?

Is it 50-50? or very remote chance?

Does her case gets strong if she proves that she left in time when they
came first time to USA?

Any tips on preparing for such visa interview?

Thanks a lot.

[peace]

Why is she applying again? Is her previous visa expired?
There is a question on DS 156 which asks if you have ever violated your visa status; she should answer no. Let her not talk about previous 10 day
overstay on her own. The officer may not even notice it. IF he does, and asks questions about it; answer truthfully, that she applied for an extension which was denied and the earliest available flight was 10 days later. So this
10 day overstay was not intentional.
Show proof of ext denial letter.

SHe should be fine if she is honest and straightforward.

So, what are the chances of getting her visa this time based on this?

Is it 50-50? or very remote chance?

Does her case gets strong if she proves that she left in time when they
came first time to USA?

Any tips on preparing for such visa interview?

Thanks a lot.

[visa_time]

Thanks Peace.

She had only 1 yr visa when she visited last year. Actually she was here in 2000 and then also they gave 1 yr visa.

We knew it's not going to be easy if we extend the visa but due to some health reasons for other family member we had to do it.

I will ask her to answer only if office asks about it.

Other thinking is that, I am close to getting my USC and the worst case we apply for her GC from here which would take approximately 1 yr if her they reject her Visa application this time.