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theseptemberguy

B2 Visa overstay issue

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Hi All,

We did a stupid mistake and in panic situation now and appreciate any information regarding this. My wife (H4) applied for my mother-in-law's B2 visa extension in Oct 2019 but was denied on Feb 2020. She did not see the letter as she has created a new email id created for this purpose. We kept on waiting for any notice from USCIS but did not received by only noticed this yesterday by logging to that email id and saw the it was denied 2.5 months back. Spoke to an attorney today and they said they can file for an extension to explain the situation but the damage is done. As soon the India lock-down opens we will send her immediately.

1. But what are the consequences for her now and in possible future visits?
2. She is out of stay for less than 180 days or more than 180 days? Meaning that is counted based on her initial i-94 date expiry date or the extension denial date?
2. And also me being the sponsor how does that impact me. I am in H1B with approved 140 going for my third extension in next few months.

Now i am killing myself that i should have been more involved but in the past visits (my parents and hers) she did and no issues at all. Thanks in advance for any information. (I know how ridiculous i sound but it is definitely not intentional)

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Her current visa is automatically canceled. So she would have to get a new B2 visa before she travels to the US again.

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1. The first consequence is that her existing visa is rendered invalid and she will need to apply for a new visa for future visits.

2. This depends on the I94 expiry date.

3. No concept of sponsorship and hence you are not involved or concerned in any way.

It would have been expedient to run these questions too by the lawyer.

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(a) her visa is electronically revoked the moment she leaves the country (even though no one can see it on the visa)

(b) while she might be boarded by the airline, the second she reaches customs/inspection, adios. No explanations will matter, blaming others will not work....she will be sent home...and must apply for a new visa in order to return,....and what might you think will be the CO's response? Denial...excuses have been heard and offered by the carload (I lost track of how many I heard -- thousands, and none of them believable)....a US visa is a privilege, and those who cannot make an effort to respect and cherish that privilege should not be surprised if they lose it for having failed to adhere to the terms of admission, etc,

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1. Her visa is voided

2. "Unlawful presence" starts accruing on the extension denial date

3. Doesn't affect you

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