jennylynne

Hi everyone...

My husband and I are waiting for his AOS to be approved....but yesterday he found out his aunt passed away. We don't have AP because he overstayed. He would love to be able to go home for the funeral, is there anyway he can be granted ONE emergency visit? Is there anything we can do?

Thanks for any help..

Jenny

sphyrapicus

He is free to go to the funeral if he doesn't mind the 3/10 year ban that will go along with it. With an overstay he doesn't have too many options:

Option 1: Miss the funeral
Option 2: Not being able to enter the U.S. for 3/10 years (depending upon the length of the overstay).

jennylynne

Thanks, that's what I thought. So there's nothing we can do.

Jen

sphyrapicus

I am afraid not. Sorry for your husband's loss.

HunterGreen

How long did he overstay? The bans only kick in after 180 days, right?
Even if he stayed less than that I wouldn't risk it - especially not without AP...
Sorry for his loss.

Elaine

Folinskyinla

Hi:

You don't give enough facts to determine if he is subject to the 3/10 year overstay bar.

jennylynne

Thank you everyone. My husband overstayed way too long (a year and a half). He would be banned for 10 years.

sphyrapicus

Can you provide an example where someone would not face a 3/10 year ban for an overstay?

Folinskyinla

Hi:

Overstayed WHAT?

jennylynne

His vistors visa.

jennylynne

My question is not is he will be banned and for how long. My question is...without AP, is there any way that he could be granted and emercency visit. I understand that no, he cannot. Thank you.

Folinskyinla

Hi:

Was he Canadian perchance?

sphyrapicus

I believe he is Irish.

andrea874

Out of curiosity, what difference would whether or not he is Canadian make?

sphyrapicus

No record of overstay perhaps?

Entry of Citizens of Canada

Citizens of Canada are exempt from the visa and passport requirement of Immigration and Nationality Act (section 212(a)(7).) To enter the United States, a Canadian citizen must be able to establish both identity and citizenship. Documents that may establish citizenship are: birth certificate, citizenship certificate, and passport. Although the officer may accept an oral declaration of citizenship, it is recommended that a Canadian citizen carry a document that establishes citizenship. Under current procedures, all travelers may be required to present photo-identification. NOTE: A Canadian citizen arriving from outside the Western Hemisphere is required to present a passport. Canadian citizens classified as Treaty Trader, Treaty Investor, or Fiancé(e) require a visa.