Overstay on visitor visa by 3 days

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fdtk2003

New Member
My father came to US last year on Non-Immigrant visa which is valid for 10 years. He was permitted to stay here for 6 months. He overstayed by 3 days. He total stayed before he went back to India was 6 months and 3 days. The overstayed was caused because he was sick at the time he was supposed to travel back.His has certificate from US doctor about it. My father wants to come and visit me again. I am wondering if he will be questioned at the port of entry about 3 days overstay. Some people suggest him to apply for visa again in New Delhi. Could you please suggest me the best thing to do.

Thank you,
Ahmed
 
Triple Citizen,

Thank you for responding. What can I do to make sure that he doesn't have any problems at the POE. Should he apply for visa again? Does medical certificate which caused 3 days of delays keeps no value?

Ahmed
 
There is nothing you can do to guarantee that he will not have any problems at the POE. No one can guarantee that. According to section 222(g), his visa is null and void. Having said that, it will be the decision of the admitting officer at the POE whether he wants to enforce 222(g) or not.
Your father's best chance is to carry all the relevant documentation at his next entry attempt and hope for the best.

fdtk2003 said:
What can I do to make sure that he doesn't have any problems at the POE. Should he apply for visa again? Does medical certificate which caused 3 days of delays keeps no value?
Click to expand...
 
Your situation illustrates why visitors should not wait until the last day of their authorized stay to plan to leave.

When he became ill, you should have applied for an extension with the medical evidence and a request for a short extension.

I suggest that he is more likely to have difficulty reentering this year than if he waits. He was here only last year; that in itself is a red flag as most people do not spend 6 months every year "visiting" their children. The fact that he overstayed because of illness also indicates he has the potential of becoming a public charge. I do hope he did not use emergency medicaid to pay any bills associated with his illness.
 
Whenever one overstays because of a legitimate reason, one should inform CBP in writing immediately after leaving. It is likely that is visa is voided and he needs to get a new visa.
 
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