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  • Visitors Visa

    Hi,

    I am in urgent need of a reply. Now I entered US on a visitors visa of 10 years multiple entry. My I-94 expired on 31st Dec,2006 so I had return tickets booked for 12/28/2006. However I fell sick and could not take the flight and had to cancel the same.

    However I took the next available flight on 01/10/2007 which was 10 days late. Now my questions are-

    1. Is my visa still valid.
    2. Can I reenter US in March with no hassles.
    3. if there are hassles would they effect to me not able to enter again on the same visa.
    4. Do they consider such unavoidable circumstances and show some consideration. Would my email to my travel agent to cancel my ticket be a good enuf proof or what else could i provide.

    Please help me. I would highly appreciate it.

    Regards

  • #2
    No , it is void by sec 222g(void due to overstay).There is a provision for applying for extension after expiry of I-94 in unusual circumstances which would have applied to you and which you did not make use of.
    So, technically you cannot reenter on the same visa.

    You should apply for a new visa at home country-- explaining to the officer at the embassy why you overstayed-- show the officer evidence of illness if you went to a doc, e mail cancelling your ticket, and a copy of your I -94.

    Comment


    • #3
      one more question

      Thanks so much for your reply.

      One last question...So would they stop me at the port of entry here or they would not let me board a flight from back home.

      And if they do let me take a flight are there good chances that I could show all the proofs to the immigration officer at the port of entry and he may allow me to go through.

      I would highly appreciate if you could advise me on this too.

      Regards

      Comment


      • #4
        Since your visa is not manually canceled, the airline will take you.
        But you will be stopped at entry and I am not sure if your convincing will succeed. If it does not, they will manually cancel your visa, ask you
        to withdraw application for entry to US and will send you home by the next available flight.
        There have been rare reports of some people reentering successfully due to goof up by the computer/ officer and some of them had not deposited their I94s at departure.

        I advise you to be aware of all implications if they send you back.
        Consult with an attorney before leaving.

        Comment

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