Monther coming on overstayed visa at POE ???

[ASHTON KUTCHER]

Anyone who can answer my question ,

My mother been in the USA back in 1998 and overstayed (180 dys) after I applied for an Extension which was approved for another 6 mths,only because she had to go on an emergency surgery etc, after that she decided to stay little longer until she felt better to travel back .

Her Visa is good until 2008 and would like to come back in June to visit for medical attention , also getting a doctor letters her confirming that she will be here for medical attention and then to return back.

Question would she have any problem at the POE , how can USCIS tell that she overstayed ? being that is only coming in for medical service would they allowed her in ? What are her chances ?

Ashton

 

[dl1cd]

Probably yes

The I-94 submitted at the point of departure goes back and they tally that. So, re-entry is typically questioned. My friend's mother had a multiple-entry 10 year visa and she came back within 2 weeks of her first (normal, not extended) visit, because my friend was sick and needed someone to be around. The POE officer said that he would be within his rights to reject entry and send her back; multiple entry visa does not mean that you can keep coming back this frequently.

My advice? Check with the US embassy around her place of residence and carry covering documentation to explain overstay.

All disclaimers thrown in - I am not a lawyer, do not own USCIS shares and do not bet - please seek professional advice if you want to be absolutely sure. Good luck!

 

[ASHTON KUTCHER]

Yes I already called the Embassy and they state that the visa is good , but it is up to the officer at the US POE to make that descision , I spoke to USCIS today and found out about Form 192 app which I can file on her behalf this is for Advance permission into the USA: Application for Advance Permission to Enter as Nonimmigrant ,I'll file this in 15 days and they will take from 30-45 dys to reply back if approved or not .

So I'll see how that works out , this will be better if she get approval since they will send an approval letter which she will use at the POE to avoid any question and problem.

Ashton

The I-94 submitted at the point of departure goes back and they tally that. So, re-entry is typically questioned. My friend's mother had a multiple-entry 10 year visa and she came back within 2 weeks of her first (normal, not extended) visit, because my friend was sick and needed someone to be around. The POE officer said that he would be within his rights to reject entry and send her back; multiple entry visa does not mean that you can keep coming back this frequently.

My advice? Check with the US embassy around her place of residence and carry covering documentation to explain overstay.

All disclaimers thrown in - I am not a lawyer, do not own USCIS shares and do not bet - please seek professional advice if you want to be absolutely sure. Good luck!