I-94 over stay by a day / Visitor Visa B2


leo1976

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Hello

 

During last visit to US, my parents over stayed their allowed I-94 by 1 day. (Arrived on 7 Feb 2013 and left on 7 Aug 2013, total of 181 days). At that time i did not know that maximum visitor allowed stay is 180 (not 6 months)..I only realized this mistake (on my part) when i saw their I-94 on the day of their departure (it was too late to do anything by then). 

 

I read on some forums that if a person over stays even by a day, their visa automatically gets automatically cancelled ?? Is this true ? Is there way to find if the visa is cancelled ?

 

If it is cancelled, can i reapply for their US visa without any penalty (like 3 or 10 yr ban )

 

I also checked https://i94.cbp.dhs.gov/I94/consent.html website for their I-94 records.

My parents visited US twice (2011 and 2013). I could find my mom's arrival and departure records of 2011 and 2013 arrival records but no departure record. For my dad, i could only find his 2011 arrival and departure, no 2013 arrival or departure records.

 

They are planning on visiting US in a month. Will they face  a problem at port of entry ? What can i do now to make sure they don't have any issue when they arrive ?? New visa ? explanation letter for 1 day over stay etc ??

 

Thanks for taking time to read and respond.

 

Thanks

Vinay

 

 

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  • 1 month later...

Technically the B2 visa on the passport is voided by operation of law under Sec 222(g) of Immigration and Nationality Act, if s/he overstays in the U.S. beyond the date specified on the i-94. S/he has to obtain a new B2 visa to re-enter the United States, if allowed to board the flight one may be subject to expedited removal proceedings.

Should your require any assistance with your parent’s B2 visa application, you may feel free to consult with one of the Attorneys at Murthy Immigration Services Private Limited in Chennai, India. More information is available on https://www.murthyindia.com/.

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