Overstayed (B2 visa) by 120days

[visihelp]

Hi,

My mother overstayed in the US (B2 visa)in 2007 by 120 days.
(Parents arrived together and my father was given 1-94 stay for 6 months ,so we assumed my mother too had the same.We realized our mistake on the day of the departure)
My mother;s visa has expired since and she plans to apply for B2 again.

I need help in getting a few facts right and suggestion on what we can do:

1. Is it true that if the overstay is less then 180 days,there will be no debarring the next time she applies for a B2 visa?

2.We did not notify/take any action after they came back to India,Are any actions required before she attends the interview?

3.In the DS-156 form,the question "Have you violated the terms of visa/unlawfully present.." can we say "NO" since she stayed <180 days?

all help is appreciated.

-thanks
Vishu

[immihelp]

1. No. It is still a problem.
2. No.
3. You need to write 'Yes'. You can provide an explanation for that separately.

By the way, has your mother stayed in the US earlier for a long time or has visited multiple times? I am just trying to figure out why your mother would get 2 months while your father got 6 months.

[visihelp]

By the way, has your mother stayed in the US earlier for a long time or has visited multiple times? I am just trying to figure out why your mother would get 2 months while your father got 6 months.

thanks for your reply,
Yes,she initially had a 10year multiple visa and visited once in 2006.After which her passport was lost and on applying a new visa,she got 1 year visa.
With the new visa,she was given 2 months in the I-94 (which we failed to notice)

Regarding my initial question on overstay ,does it mean she will be denied visa when she goes for the interview this time? Is there a way to rectify our mistake?

appreciate your help,

-thanks
Vishu

[immihelp]

1. There is no way to predict like that.
2. There is no way to rectify it.

[visihelp]

Got the Visa

Updating for the benefit of others who are in my situation,
My mother was granted the Visa today at the Chennai consulate.No questions were asked regarding the overstay(we had of course mentioned in DS156 that the law was violated)
they asked her about who stayed in the US,who stayed in India and if my father was getting pension.No more questions.

thanks for the replies to this post and hope this would help someone in my situation to not worry too much.

-thanks
Vishu