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  • Overstayed Visitor Visa

    Hello

    My in-laws have a 10 year visa. They arrived in the US (second visit) in May 08. As they got a 6 month visa the last time we assumed that they got a 6 month visa this time as well. Did not realize that they could have been issued a 90 day visa which is the case & as of today they have already overstayed by 30 days.

    In this situation what is the best course of action?
    - Have my in-laws leave the US immediately OR
    - As they overstayed any way they leave after 2 months (as if they were given a 6 month visa)

    What is the implication of the overstay on
    My ability to sponsor any relative to visit me in the future

    How does it impact my in-laws 10 year visa now that they have over stayed. Can they plan on another US visit & in that case is there a possibility that their visa will be rejected on arrival?

    Does the immigration officer inform the visitor as they stamp the passport that they are given only a 90/180 day visa. Is this the normal practice?

    Any clarifications or insights would be very helpful

    DF

  • #2
    Their visa is void automatically. They will need to leave the USA immediately.

    You should not ASSume... as the saying goes... and they need to leave NOW if they want to have any chance of getting a NEW visa... 30 days of overstay by mistake, will make more sense than 3 months to the Visa Officer at their home country.

    As far as YOUR ability to sponsor... it does not really matter since, visitor visas do not require sponsors... it is about the applicant's ties to his/her country.

    They got a restricted I-94 and overstayed it, they can surely kiss that visa good bye... they probably did not leave a big enough gap on their visit either right?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      It is the entrant's responsibility to know and abide by the terms of their I-94. They should have immediately reviewed the entry stamping to make sure they had no questions. It could have granted entry for only 1 day.

      Comment


      • #4
        I131 Implications

        C4us & PraetorianXI - Thanks for your advice - I have scheduled my in-laws departure for this weekend.

        I would like to understand the implications of the overstay as I had completed the I131 form sponsoring their visa.
        1. Will this impact my ability to sponsor relatives in the future?
        2. Will it have any implications on me applying for an US Government jobs?

        Please advice

        Comment


        • #5
          It is I-134.

          1) Maybe, it depends on the VO. But it is unlikely.
          2) Probably not.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment

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