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Overstayed Less than 180 days

Discussion in 'B Visa Issues at the Consulate' started by mommykai, Sep 26, 2017.

  1. mommykai

    mommykai New Member

    Hi. I gave birth in 2004 and overstayed for (more or less) 2 and a half months. Now, I want to visit my daughter in the US and would like to know what my chances are in getting a new Visa and have a smooth entrance to the country. Thanks in advance for your help.
  2. Pierre82

    Pierre82 Well-Known Member

    Hi @mommykai

    You have a chance of getting denied, since you have a record of overstaying. You can still apply and give it a try, since it all depends on the CO and the ties you have on your home country.
  3. William Bowen

    William Bowen New Member

    Although every situation is different, typically there is no penalty for overstaying less then 6 months (180 days); after 180 days you are banned for 3 years. If you stayed here because of pregnancy issues and your daughter is a US citizen, I would not imagine it would be difficult.
  4. 1AurCitizen

    1AurCitizen Registered Users (C)

    You fail to mention the potential issue of who paid medical bills related to childbirth. She may have a hard time getting a visa if US taxpayers were stuck with the bill.
  5. SusieQQQ

    SusieQQQ Well-Known Member

    Or if she misled immigration officials as to the purpose of her visit, as it sounds like she planned to give birth here. Possible overstay being due to wanting to enter a while before it looked obvious birth was imminent. Chance of another overstay with kid already in country must come into it too. I’d be very interested to know the outcome of the visa application.
  6. 1AurCitizen

    1AurCitizen Registered Users (C)

    I have my doubts we'd hear back from OP who hasnt been online since the original post.

    FYI.. it is legal to give birth in the US while on a B2, provided funding/insurance is taken care of prior.
  7. SusieQQQ

    SusieQQQ Well-Known Member

    Yes, but it seems shady in terms of expressing intent to do so at the border.

    Another policy that needs to be updated to the 21st century.

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