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question about B-2 and overstaying (i-94)

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My mum has visiting visa (B2) that is valid till 2020.

she was authorized to stay till dec 12th (I-94), but due to unforeseen circumstances (complications in the birth of my first child, and the airline being (removed) she missed her flight but is scheduled to fly back on the dec 28th (we had to book another return ticket and the 28th was the earliest), 16days after her authorized stay would have expired.

I want to file a I-539 (extend stay) with proof that the airline screwed up and also the birth cert of my child and the new return date tickets. but I can't file an I-539 since she is already overstayed. i just want to let them know the reason she overstayed, since she still has a valid visa till 2020, i don't want a situation where she visits again (prolly in a year from now) and she gets turned back.

Is it necessary to file this or just let her go back on 28th?

 

Edited by Ontarkie
bypassing language filter

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She has no visa now.  An overstay automatically voided it......As stated above, she must apply for another visa from her country.


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I concur with both people above: the existing visa is automatically voided. She needs a new visa.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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ok, so she will have to go apply for a new one if she wants to come back.

she's been visiting the US since the late 80's on average once every 2-3yrs. hope they'll understand

 

thanks for the responses!

Edited by izzi

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34 minutes ago, izzi said:

ok, so she will have to go apply for a new one if she wants to come back.

she's been visiting the US since the late 80's on average once every 2-3yrs. hope they'll understand

 

thanks for the responses!

They may be understanding, but just FYI “the airline screwing up” isn’t a reason for overstay. Travelers are expected to plan taking possible delays into account. And I’m not sure the birth certificate will help as unless the baby was born exceptionally late, she would have roughly known by when to leave the country after the birth. I don’t mean to sound unsympathetic, and I’m sorry for the complications you had and totally understand you wanted your mom there - but the consulate may take the view that she should at least have filed for extension before the overstay. Getting a new visa is not a foregone conclusion. Her past history of many visits and leaving on time will hopefully help, though. Good luck.

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She will need a new visa is she wishes to re visit, B2's are usually admitted for 6 months max.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How long did she stay in the US? How long has she done so in the past visits?

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Sounds like long enough this year to be tax resident.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 hours ago, SusieQQQ said:

They may be understanding, but just FYI “the airline screwing up” isn’t a reason for overstay. Travelers are expected to plan taking possible delays into account. And I’m not sure the birth certificate will help as unless the baby was born exceptionally late, she would have roughly known by when to leave the country after the birth. I don’t mean to sound unsympathetic, and I’m sorry for the complications you had and totally understand you wanted your mom there - but the consulate may take the view that she should at least have filed for extension before the overstay. Getting a new visa is not a foregone conclusion. Her past history of many visits and leaving on time will hopefully help, though. Good luck.

So when do they good the visa? When she leaves? Or when she re-visits

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1 hour ago, geowrian said:

How long did she stay in the US? How long has she done so in the past visits?

She always stayed no more than 3-4mths.

Her stay expires on Dec 13th, which is exactly 6mths from when she came I guess 

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52 minutes ago, Boiler said:

Sounds like long enough this year to be tax resident.

Lol. I know right

 

2 hours ago, Boiler said:

She will need a new visa is she wishes to re visit, B2's are usually admitted for 6 months max.

She has a visa till 2020, so are u saying it will get voided at the airport when she leaves?

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6 minutes ago, izzi said:

So when do they good the visa? When she leaves? Or when she re-visits

It was automatically voided on the first day of overstay by law (INA).

They may or may not call her to the consulate to mark it as void. Or it could be when she tries to get her boarding passes (on the next flight to enter). Or it would be at CBP when she tries to enter next time.

Regardless of if/when they physically mark it as void, it's no longer valid already.

 

4 minutes ago, izzi said:

She always stayed no more than 3-4mths.

Her stay expires on Dec 13th, which is exactly 6mths from when she came I guess 

Thanks for the info.

For getting a new visa, the big plus is she always returned home.

A decent negative is those are some pretty long stays for a tourist.

She may not want to apply for the visa for at least a year.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 minutes ago, izzi said:

So when do they good the visa? When she leaves? Or when she re-visits

Assuming she lives in Nigeria, she will have to make an appointment at her nearest embassy/consulate and apply for a new visa. Her existing visa became invalid the day she overstayed. It’s not stamped on the visa, but it’s in the computer system.

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9 hours ago, izzi said:

 

She has a visa till 2020, so are u saying it will get voided at the airport when she leaves?

It was automatically revoked on the day she overstayed.  

 

https://www.avvo.com/legal-answers/is-an-overstay-of-4-days-on-b1-going-to-void-my-vi-1839929.html

 

Jeff L. Khurgel
Posted on Aug 12, 2014
  •  
  •  

The day after your I-94 expired your visa was void under 222(g) and you can only apply for a new visa in your home country. If "extraordinary circumstances" circumstances can be proven, you may be allotted an exception to 222(g). With only a four day overstay and proof of medical conditions, this may be doable, however, I would not recommend attempting to enter the US without a detailed discussion with an immigration attorney first...

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