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  • Help required - Overstayed for long duration

    I am in the US now legally on L1 Visa. My widow mother got a 3 month visa after many rejections and entered the US. Since she had nobody back in india and since I am sure that I will return back to india in a years time, I decided to have my mom overstay with me for as long as I am here, because i know they wil never give her a visa again. she has now overstayed for 1 year.

    1) Woould this affect me getting a business visa later for short visit?
    2) If the authorities come to know somehow(say random check somewhere), what are the consequences? will she be deported immediately? will there be any charges on her or on me?

    3) Will they come to know when she leaves back to india and create problems at that time?

    4) Are there any other legal consequences of this?

    I dont care if she never gets a visa again, because i am going back home for good.

  • #2
    1.No.It won't affect you at all. The embassy won't know about your mother's overstay until SHE applies again for a visa.

    2.As long as she is not reported by someone or gets into some problems while driving etc., no one is going to bother.There are millions of illegal aliens living in the US. In a remote instance of
    she getting noticed, there won't be any immediate deportation. But yes, she will be taken away, detained, and legal removal proceedings initiated against her which may take some time.

    3.There is no inspection while leaving US so no one is going to create problems. But she is supposed to deposit her
    I-94 with the airline crew or at the US VISIT machine where ever it is in place.

    4. The major legal consequence of this is, she is barred from entering US
    for 3 years if she overstayed upto one year and 10 years if she overstayed more than one year. But there are waivers available for this if she will qualify for a waiver. Other consequence of this is; chances of her getting another visitor visa are reduced to zero.

    ADV: If her overstay is still less than one year, send her back so she does not attract a 10 yr bar to reentry.
    If her overstay is more than one year already, she can accompany you when you leave, because she has already
    attracted the 10yr bar.

    Originally posted by overstayed_help
    I am in the US now legally on L1 Visa. My widow mother got a 3 month visa after many rejections and entered the US. Since she had nobody back in india and since I am sure that I will return back to india in a years time, I decided to have my mom overstay with me for as long as I am here, because i know they wil never give her a visa again. she has now overstayed for 1 year.

    1) Woould this affect me getting a business visa later for short visit?
    2) If the authorities come to know somehow(say random check somewhere), what are the consequences? will she be deported immediately? will there be any charges on her or on me?

    3) Will they come to know when she leaves back to india and create problems at that time?

    4) Are there any other legal consequences of this?

    I dont care if she never gets a visa again, because i am going back home for good.
    Last edited by peace; 11-27-2006, 06:55 AM.

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    • #3
      Hi thanks a ton for the prompt reply. In case somebody does find out, will she be immediately detained, or will i have a chance to immediately send her back myself? also am i going to suffer the consequences as well?

      Comment


      • #4
        I know it won't affect you, because your mom is an adult and by the US legal system , is supposed to be responsible for her actions.

        About the exact removal procedure , you will have to talk to an attorney or
        research on the net, I am sorry.

        Originally posted by overstayed_help
        Hi thanks a ton for the prompt reply. In case somebody does find out, will she be immediately detained, or will i have a chance to immediately send her back myself? also am i going to suffer the consequences as well?

        Comment

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