Legend88

Due to our stupidity, we believe we miscalculated the time my Mother-in-
Law from Brazil stayed in the US. She has a B2 Visa and is over 60, has
been to the US 5 times before and returned without incident. However,
this time around she stayed for 6 mos taking care of our newborn and we
now plan to have her return but noticed a possible flaw--she may have
overstayed by a day?

She arrived in the US 6/11/05 and physcially left the airport 12/9/05,
although we believe (I haven't seen the stamp) her passport was
stamped 12/10/05.

This is an accidental error in our calculation, totally harmless,
but how is this perceived by US authorities? If our calc is correct
how will we know for sure that her visa is cancelled b/c of the
possible overstay?

What do we do?

--
Posted via http://expatforums.com

Joe Feise

legend88 wrote on 01/12/06 20:12:

    > Due to our stupidity, we believe we miscalculated the time my Mother-in-
    > Law from Brazil stayed in the US. She has a B2 Visa and is over 60, has
    > been to the US 5 times before and returned without incident. However,
    > this time around she stayed for 6 mos taking care of our newborn


Hmm, are you aware that this can be considered illegal work?
The B2 is not for taking care of infants.
People have been denied for this.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

scrubbedexpat099

I do not understand the passport stamp, there is no insoection on departure.

Safest option would be to apply for a new visa.

Kevin Keane

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Boiler wrote:

    >
    >> legend88 wrote on 01/12/06 20:12:
    >> > Due to our stupidity, we believe we miscalculated the time my
    >> > Mother-in-
    >> >
    >> > Law from Brazil stayed in the US. She has a B2 Visa and is over 60,
    >> > has
    >> > been to the US 5 times before and returned without incident.
    >> > However,
    >> > this time around she stayed for 6 mos taking care of our newborn
    >> Hmm, are you aware that this can be considered illegal work?
    >> The B2 is not for taking care of infants.
    >> People have been denied for this.
    >> -Joe
    >> --
    >> I am not a lawyer.
    >> For reliable advice, consult a competent immigration attorney.
    >
    > I do not understand the passport stamp, there is no insoection on
    > departure.

Actually, there is now a departure checkout for departing non-immigrants in
some airports. I'm not sure if she would receive a stamp, though.

If the original poster was talking about the arrival stamp from Brazil: that
does not necessarily matter; as long as she checked in for her flight on
the 9th, she should be fine. The boarding pass is more important than the
stamp in this case.

I do agree with Joe: taking care of the grandchild would be a problem -
compounded by using the six months to the last day. She should not travel
to the USA for at least a year to be on the safe side.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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scrubbedexpat099

I have been through that process, no stamp.

crg

The US VISIT departure kiosk prints out a receipt.