Overstayed in Tourist Visa by 30 days - Consequences?

madhmadh

New Member
Greetings,
I've my friend's parent who overstayed beyond their granted 6 months by 30 days without any extension due to the family situation.

Question
a) While they are leaving USA, would it create an issue since they overstayed?
b) They have multiple entry visa. I guess the next time they come into USA it might be a problem. Any suggestions to avoid the issue?

Thanks...
 
Greetings,
I've my friend's parent who overstayed beyond their granted 6 months by 30 days without any extension due to the family situation.

Question
a) While they are leaving USA, would it create an issue since they overstayed?
b) They have multiple entry visa. I guess the next time they come into USA it might be a problem. Any suggestions to avoid the issue?

Thanks...

When they leave the US they will surrender their I-94 to the airline when they check in. That information will be logged into the system and create a record that will clearly reflect the 30 days over the 6 months.
They violated the terms of their stay, and that doesn't automacally voids their visa (as corrected by TC). If they wish to make a trip to the US in the future, the history on the IO screen regarding their last trip will catch up with them and they might then cancel your visa and not allow the entry.
 
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Be a little careful here. 222(g) clearly states that the visa is null and void. However it all depends on the POE inspector. Whether he/she wants to enforce it or not, when the applicant requests a fresh entry into the US, is the key.

They violated the terms of their stay, but that doesn't automacally voids their visa.
 
Be a little careful here. 222(g) clearly states that the visa is null and void. However it all depends on the POE inspector. Whether he/she wants to enforce it or not, when the applicant requests a fresh entry into the US, is the key.

Thanks for correcting that detail. I just read 222(g). Madhmadh: it is worth taking a look.
 
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Thanks everyone for your input. It helps a lot.

I've another question here. While we are inviting someone to US, we fill up the Affidavit of Support. In that document, it states clearly, you (as the sponsor) makes sure the person leaves after their authrorized stay in USA.
In the case of overstay by a person, does this affect the sponsor in anyway?

Thanks in advance... Madhu
 
Thanks everyone for your input. It helps a lot.

I've another question here. While we are inviting someone to US, we fill up the Affidavit of Support. In that document, it states clearly, you (as the sponsor) makes sure the person leaves after their authrorized stay in USA.
In the case of overstay by a person, does this affect the sponsor in anyway?

Thanks in advance... Madhu

It affects you from sponsoring more people in the future.
 
Madhu,
For starters, the sponsor should promise himself/herself never again to fill in an I-134 for a person who is a potential overstayer.

I've another question here. While we are inviting someone to US, we fill up the Affidavit of Support. In that document, it states clearly, you (as the sponsor) makes sure the person leaves after their authrorized stay in USA.
In the case of overstay by a person, does this affect the sponsor in anyway?
 
Similiar issue her but it was not a problem for my mother

Madu maybe your issue is more recent than my mother overstay but wanted to share this with you since my mother overstayed from 1999 -2001 total of 2 yrs due to a surgery and could not travel for quite some time and she used the same visa and entered back in the US on 2007 i was with her coming in through immigration at IAH and the officer did not mentioned anything about her overstaying her visa or anything and all was good, and she used it again in 2008 after that the visa expired.

I then went with her at the local consulate for her renewal visa and explained to the officer she had a surgery and overstayed he said these things happened and he give her renewal 10 yrs.

Now i need to apply for her GC and little concern if the OS back in 1999-2001 will affect her some said yes and some said it will not since it is 10 yrs ago , much concern and don't want to risk her getting deinal and cancelation of her current visa.

Asha
 
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