Overstay, but how much? B-2 visa cancellation, re-application, need help!

C

Cryptography

New Member
Hi All,

I am a PhD student in USA. I have some health problems, and therefore my mother frequently comes and stays in USA to help me.

Beginning from 2007, she entered and stayed in USA without having a problem, and we even got extensions without a problem when needed.

However, in her last entrance (August 2010), one officer noticed that she had overstayed in 2008. We provide officer my medical reports showing why she is coming and overstayed in that time. By that time, we did not know about we could get a formal extension, and I was very ill. I can say it was unintentional overstay.

Indeed, after 2008, she has been paroled to USA several times, and also in 2009 she was given an extension! That is why we did not aware of this mistake until that time.

Now, how should I compute her overstay?

a) Based on intervals that my mother stayed in single entry? Her entries are:

November 2007 , June 2008 : 7 months (!!!)

August 27 2008 , December 19 2008 : 4 months

21 January 2009 , June 15 2009 : 5 months

Augustus 12 2009 , May 26 2010 : 9 months (with a 3 month formal extension)

If so, she only stayed one months extra in 2008.

b) OR, The time she spend in one year in USA total:

In this case, in 2008, she spend 3 months and 21 days extra.

I do not know exactly for which one they had canceled her visa.

Finally, the officer granted us a waiver allowing her to enter USA 6 months more (until February 2011). But at the same time, he said he has to cancel her B-2 visa due to overstay!

She will re-apply visa in Istanbul when she returns.

Do you think she will be granted a new visa?

What do you recommend for us to include in her application, what should we say to them?
Medical reports and financial reports would help?
Should I prepare a document stating what happened in English and provide them a report? If such a report is good, what should I include in it?

Thanks in advance,

Already Tried:
I can obtain medical record confirming that I really have a health concern. My mother is a retired academician and never intend to work here. She is 70 years old and financially ok. She just wants to help me.
 
Depends on the interviewing consul. She was clearly abusing her visit visa. I would not be surprised if she is denied a visit visa when she re-applies. You needing help is not a reason for her to be granted a visa. There are professionals in the US who can do that for you. This is exactly how an consul would most likely think.

Cryptography said:
She will re-apply visa in Istanbul when she returns.

Do you think she will be granted a new visa?
Click to expand...
 
Her travel pattern is a clear indication of someone trying to "live in the U.S. on a tourist visa".

Her B visa will likely be cancelled "with prejudice" and she will "more likely than not", be barred from entry as anything other than an actual Immigrant with an Immigrant Visa at some distant point:( in the future.
 
Last edited by a moderator:
Hi,

Thanks for your replies.

Oh, this is a very bad new :(.

I guess, only thing I can do is to hope that consul will show understanding us.

But assume that with a miracle, she achieved to get a visa again.

When she should return here? Should she stay away from USA may be 3-4 months in this case? Because CBP officers might be suspicious that she intends as immigrant

PS: Actually, we will definitely leave from USA when my PhD is done, but yes I know, I cannot prove it... :(
 
If you were unable to manage without her assistance, you should have returned home. Her history is most definitely abuse of the privilege of visiting. I am stunned that she was granted entry.
 
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