B2 rejected with reason of over stay

G

Giri123

New Member
Hi,

My parents visited us in 2000 for 6 months. Their visa on passport was from Jan 1st to Jun 30. But they actually arrived here only mid feb (18th) and had I94 validity up to 17th July. They went back on 1st week of July.

Now this year they have tried twice for tourist visa and got rejected both the times on the grounds of overstay during their previous visit. My understanding is that their earlier visit was legal since they left with in the I94 expiry. Please let me know if that is wrong. Is there anything I can do to make sure they will not be rejected again next time? I appreciate you help.

Thanks in advance,

Giri.
 
Originally posted by Giri123
Hi,

My parents visited us in 2000 for 6 months. Their visa on passport was from Jan 1st to Jun 30. But they actually arrived here only mid feb (18th) and had I94 validity up to 17th July. They went back on 1st week of July.

Now this year they have tried twice for tourist visa and got rejected both the times on the grounds of overstay during their previous visit. My understanding is that their earlier visit was legal since they left with in the I94 expiry. Please let me know if that is wrong. Is there anything I can do to make sure they will not be rejected again next time? I appreciate you help.

Thanks in advance,

Giri.
Click to expand...

The validity period on the visa stamp in the passport is the
period in which they can enter US. As you rightly surmised
it is the I-94 that determines their legal stay in US.

So, the reason as given by them for rejection does not look
right. If you have kept a photo copy of the I-94 (s) then they
should reapply clearly stating the facts.

Raju
 
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