Overstay by 1 day of I-94 / visitor visa B2

[leo1976]

Hello

 

My parents visited in 2013 (Arrived on 7 Feb 2013 and i returned to India 7 Aug 2013 - Total 181 days) . At that time i didn't realize 6 month entry is actually 180 days. Also, I only saw their I-94 card when i was dropping them at the airport and realized that they overstayed by a day.

 

Now they are planning to visit me soon. I read in some of the forums that the visa is automatically cancelled if they over stay (they still have 2 yrs on their visitor visa) even by a day ??  Is this true ?? if yes, can they re-apply to new visa ?? 

 

Is there way to find if their visa is cancelled..!!

 

Also, i checked online https://i94.cbp.dhs.gov/I94/consent.html to find their I-94 records. They had visited US twice before ( 2011 and 2013) . For my mom i could find Arrival and departure records of 2011 but only arrival record of 2013 and no departure record. For my dad i could only find Arrival and departure records of 2011, no arrival or departure records of his 2013 trip...

 

Any help is appreciated...

 

Thanks

Leo

 

[JoeF]

The visa is automatically canceled if there is an overstay.

That is by law.

It is 100% sure.

[Saty23]

Hi Leo,

My parents situation is exactly same as your parents. Can you please advise how did it go for your parents? Any steps do I need to take before the travel of my parents. Your inputs will be very much helpful as my parents are travelling in the next two weeks.

I look forward to hearing from you.

Regards,

Sathish

[Saty23]

Hi Leo,

as an alternate you can also mail me and let me know in this thread that you have mailed me.

thanks in advance.

regards,

saty

[Reshmir]

Please tell us what happened in your case,where they able to get the US visa again.. 

[kumar415]

Hi Satish/Leo,

My parents are also in same situation, can you let me know if your parents went for new visa and they came with exiting visa.

Any help would be great.

[Provence]

On 9/21/2018 at 4:42 PM, Noah Lott said:

Very likely their visa has been cancelled electronically...yet again we read about people who prefer to push the limits of a privilege...then act surprised if that privilege is taken away from them...this time, the CO will be looking at their new application with a focus on what story they are telling....like 'length of visit' in which they write 'one month' when in reality they plan to stay 6 or more...probably like the first time when they wrote 'two months' then promptly overstayed by a day..so their new application may not be as quick and easy as is hoped for...word to the wise: do what you said in the time frame you said instead of playing word games...I cannot speak for other COs but I never appreciated being lied to (about the visit time, for ex)...because in my view, you lied to about one thing...what did you lie about? And since the applicant will almost never tell what else they lied about, I just denied their application because their credibility went to nothing....something to think seriously about...

it's a virtual cinch that your parents were providing child care some time ago...and maybe they are about to do it again...who knows?

Sounds like it runs in the family in @kumar415 case. Parents pushing the 6-month admission or overstaying, inlaws staying past i94 couple years back.  Sure, abuse the privilege, then run to forums when privilege is rescinded. 

[xTDx]

On 8/18/2016 at 6:55 PM, leo1976 said:

Now they are planning to visit me soon. I read in some of the forums that the visa is automatically cancelled if they over stay (they still have 2 yrs on their visitor visa) even by a day ??  Is this true ?? if yes, can they re-apply to new visa ?? 

Usually you get an email if a visa is revoked by DOS. Overstay is an overstay. Staying 6 months on a visitor visa doesn't look good in the first place. 

If visa is not automatically revoked already, It is highly likely that they will be be denied POE and POE officer will invalidate the visa on the fly.

SO the options are somewhat like this:

1- Apply for new  visa , explain the 6 months of stay and overstay truthfully to the consulate. 

2- Take a risk and try POE, explain the 6 months of stay and overstay truthfully to the POE officer.

You should be ready to be disappointed in both cases. I would also suggest you to consult an immigration attorney for further clarifications.

[pontevecchio]

The law provides for them to be able to reapply for the said visa and they should reapply if they want to visit. Their visa is cancelled and they will not be let on a plane to the USA. 

 VO's  should gather no "entertainment" value from applications and words like drivel etc. should not be used to describe questions asked in this public forum.

One can deliver the basic facts  without being obnoxious .