Overstayed I-94 Time period , need Help!

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ASHTON KUTCHER

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Overstayed I-94 Time period , need Help!
I have a couple of Question in ref to My Mother Visa :

She overstayed her Visa by 12 months and the reasons is because she fell Sick and had to have an Emergency Surgery done here in the USA after the Surgery she realize she already overstayed and was not well enough to travel back to her home Country , but she did eventually , it been almost 3 yrs now and want to visit the USA again and was concern if her 12 mths overstay would cause any problem at the POE ?

Her reason for visiting is for medical treatment , I have a letter from her Doctor stating her appt date and a breif reason why he is seeing her , would that letter help her if any question why is she visiting after overstaying 12 months previously 3 yds ago ?

I would like her to be here in June of this year but wanted to be sure that she would not get rejected at Miami POE when entering

Any suggesstion would greatly be appreacited .

She has a 10 yds mulitple Visa .


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ASH KUTCHER
 
Originally posted by ASHTON KUTCHER
Overstayed I-94 Time period , need Help! ... She overstayed her Visa by 12 months and the reasons is because she fell Sick and had to have an Emergency Surgery done here in the USA after the Surgery she realize she already overstayed and was not well enough to travel back to her home Country , but she did eventually , it been almost 3 yrs now and want to visit the USA again and was concern if her 12 mths overstay would cause any problem at the POE ?
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An overstay of a single day has automatically invalidated her passport visa. A 12 month overstay has automatically kicked in the 3 or 10 year re-entry bar.

*EXACTLY* how many days did she overstay? This could become important.
 
I don't think she should even attempt to re-enter since she has overstayed for a year.

Sorry to say this, but whoever sponsored her visa should have applied for an extension when she was here. It looks like a gross omission to me
 
OVER STAYED I-94

I did for 6 mths and she got approved for that and that's when we were planning for her trip back and then came here emergency surgery , which came up unexpected .

Which means she stayed for 12 mths after getting the 6 mths approval .

So you think its not a wise idea to have her tired at POE ?
What if she explain all that I mentioned on here , would that help.

Ashton
 
She cannot enter US as she stayed in US for 12 months illegaly after her I-94 expired. 3/10 bar applicable to her case.
If she was fell sick then she should have again applied for her extension or you should have consulted a good lawyer at that time so that for her medical condition lawyer could have again applied her extension with documentary proof from hospital or doctor.

Go to good lawyer if you have all the documents related to her medical condition and the reason why she could not apply for extension. Lawyer may try to get wavier for her if any wavier exist for such kind of situation. Contact Sheela Murthy (www.murthy.com) or Cyrus Mehta NYC lawyer (www.cyrusmehta.com) Cyurus Mehta has also branch office in Bombay or contact our host Rajiv Khanna you can find his address, phone# and email above the threads
 
Re: OVER STAYED VISA TIME PERIOD

Originally posted by ASHTON KUTCHER
12 MONTHS SHE OVER STAYED
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There's a reason I asked you exactly how many days she overstayed.

If she overstayed 365 days or more, then she is barred from re-entry for 10 years from her departure. That means she can come back around 2011. If she overstayed 364 days or less, then her 3 year bar might be just about over.

In such a case, she has a very faint hope of returning. The visa is toast so she'll need to convince a consular officer to give her a new one. I wouldn't hold my breath on this.

Practically speaking, I don't see your mother ever returning to the US unless she can get a Green Card.
 
Not a big issue.. really. My friends wife also had the same problem, they in fact forgot about her I-94 date. She was still in USA and they just sent her H4 for extension and it was approved. I am confident she can come back and no problem would happen, though the rule says otherwise. There was no exit logging in place 3 years back.
 
Originally posted by goose_doodle
Not a big issue.. really. My friends wife also had the same problem, they in fact forgot about her I-94 date. She was still in USA and they just sent her H4 for extension and it was approved. I am confident she can come back and no problem would happen, though the rule says otherwise. There was no exit logging in place 3 years back.
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Yeah, and 3 years back they didn't care about overstays or violations of immigration law. Now they do. This guy's mother is definitely eligible for the 3-year re-entry bar, and the visa was invalidated when she overstayed.

If she re-enters on the invalid visa and USCIS ever finds out, she's in a world of trouble. And they've always done exit logging, if imperfectly. If she handed back the I-94 when she left the US, then they have a record of her exact departure date.
 
Originally posted by goose_doodle
Not a big issue.. really. My friends wife also had the same problem, they in fact forgot about her I-94 date. She was still in USA and they just sent her H4 for extension and it was approved. I am confident she can come back and no problem would happen, though the rule says otherwise. There was no exit logging in place 3 years back.
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goose_doodle


H4 and visitor visa are two different cases... also you are elligible to 3 year bar ifyou were outof status for more then 180 days... total in past three years... In your friends wife's case H4 must have been renewed within the 6 months from expiry. that's why she did not have any issue...
 
Overstayed Visa

Thanks guys but I got a letter from her Doctor here stating that she is visiting for Medical Attention and she also got one from her Doctor overseas show that she is traveling abroad for medical attention.

She will provide this to the POE at the time of Entry ,She will be on a Wheel Chair as well .

What harm could a Senoir Citizen that is 61 yrs old do ,So I believe they will permit her entrance.

Will let you guys know once she is here

Ashton!
 
Re: Overstayed Visa

Originally posted by ASHTON KUTCHER
What harm could a Senoir Citizen that is 61 yrs old do ,So I believe they will permit her entrance.
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What you fail to appreciate is that the 3 and 10 year bars are non-discretionary - they are applied automatically and cannot be waived. If BCBP at the POE discovers she has overstayed and has not received a new visa stamp then they are forbidden by law from admitting her.

After that, if she is eligible for the 10 year bar then they are again forbidden by law from admitting her, even if she has 100 doctors' notes and looks like their grandmother.

The 3/10 year bars are not to be trifled with. Good luck to your mother - she will need it and even then I am not optimistic for her.
 
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