Overstayed a B1 visa by four months ---- want to leave the US.
Oct 24th 2002, 4:33 pm
#1
Guest
Posts: n/a
Overstayed a B1 visa by four months ---- want to leave the US.
Hi!
A friend of mine got in trouble and overstayed his B1 visa by four
months although he didn't mean to. He now wants to leave the US but is
afraid that doing so would trigger the 3-year (or is it 10-year?) ban
and his 10-year visa cancelled. Does anyone know if his fears are
reasonable? Is there still a way by which he can extend his B1 visa
for a few more months in order to be able to leave "safely"?
Thanks for your help.
Jose
A friend of mine got in trouble and overstayed his B1 visa by four
months although he didn't mean to. He now wants to leave the US but is
afraid that doing so would trigger the 3-year (or is it 10-year?) ban
and his 10-year visa cancelled. Does anyone know if his fears are
reasonable? Is there still a way by which he can extend his B1 visa
for a few more months in order to be able to leave "safely"?
Thanks for your help.
Jose
Oct 25th 2002, 11:38 pm
#2
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
"Jose" wrote in message
news:8e4e392d.0210240833-
[email protected]...
> A friend of mine got in trouble and overstayed his B1 visa by four
> months although he didn't mean to.
What does that mean?
He now wants to leave the US but is
> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> and his 10-year visa cancelled. Does anyone know if his fears are
> reasonable? Is there still a way by which he can extend his B1 visa
> for a few more months in order to be able to leave "safely"?
His B-1 status cannot be extended. One of the conditions of applying for an
extension of status is that the person have maintained continuous valid
status until the date that INS receives the extension application.
news:8e4e392d.0210240833-
[email protected]...
> A friend of mine got in trouble and overstayed his B1 visa by four
> months although he didn't mean to.
What does that mean?
He now wants to leave the US but is
> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> and his 10-year visa cancelled. Does anyone know if his fears are
> reasonable? Is there still a way by which he can extend his B1 visa
> for a few more months in order to be able to leave "safely"?
His B-1 status cannot be extended. One of the conditions of applying for an
extension of status is that the person have maintained continuous valid
status until the date that INS receives the extension application.
Oct 25th 2002, 11:47 pm
#3
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
"Jose" wrote in message
news:8e4e392d.0210240833-
[email protected]...
> A friend of mine got in trouble and overstayed his B1 visa by four
> months although he didn't mean to. He now wants to leave the US but is
> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> and his 10-year visa cancelled. Does anyone know if his fears are
> reasonable?
The 3-year bar is triggered when the person stays more than 6 months after
the expiration date on the I-94. The 10-year bar is triggered when the
person stays more than 1 year after the I-94 expiration date. So if your
friend leaves before the 6 month mark, she will not trigger the bars.
However, she has already subjected herself to visa cancellation, by staying
in the U.S. even one day beyond her authorized stay. Her visa is now
cancelled, and she must apply for a new visa in her home country before she
can re-enter the U.S. legally.
news:8e4e392d.0210240833-
[email protected]...
> A friend of mine got in trouble and overstayed his B1 visa by four
> months although he didn't mean to. He now wants to leave the US but is
> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> and his 10-year visa cancelled. Does anyone know if his fears are
> reasonable?
The 3-year bar is triggered when the person stays more than 6 months after
the expiration date on the I-94. The 10-year bar is triggered when the
person stays more than 1 year after the I-94 expiration date. So if your
friend leaves before the 6 month mark, she will not trigger the bars.
However, she has already subjected herself to visa cancellation, by staying
in the U.S. even one day beyond her authorized stay. Her visa is now
cancelled, and she must apply for a new visa in her home country before she
can re-enter the U.S. legally.
Oct 25th 2002, 11:49 pm
#4
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
> A friend of mine got in trouble and overstayed his B1 visa by four
> months although he didn't mean to. He now wants to leave the US but is
> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> and his 10-year visa cancelled. Does anyone know if his fears are
> reasonable? Is there still a way by which he can extend his B1 visa
> for a few more months in order to be able to leave "safely"?
Your friend should:
a) Fly out of US not leaving his I-94. It's possible to tell the airline
that he lost it.
b) Fedex I-94 to INS from abroad with explanatory letter that he left US
in time and airline forgot to collect I-94. It really often forgets.
And it will be all right.
Yuri.
--
Posted via Mailgate.ORG Server -
http://www.Mailgate.ORG
> months although he didn't mean to. He now wants to leave the US but is
> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> and his 10-year visa cancelled. Does anyone know if his fears are
> reasonable? Is there still a way by which he can extend his B1 visa
> for a few more months in order to be able to leave "safely"?
Your friend should:
a) Fly out of US not leaving his I-94. It's possible to tell the airline
that he lost it.
b) Fedex I-94 to INS from abroad with explanatory letter that he left US
in time and airline forgot to collect I-94. It really often forgets.
And it will be all right.
Yuri.
--
Posted via Mailgate.ORG Server -
http://www.Mailgate.ORG
Oct 26th 2002, 12:58 am
#5
Forum Regular
Joined: Oct 2002
Posts: 197
Go to Canada or Mexico by land and fly out of there. They won't take your I-94 at the border. However, you need to get a visitor visa to either country depending on your nationality. You said your friend has 10-year multiple entry to U.S....so next time she enters they will issue her a new I-94.
Oct 26th 2002, 3:49 am
#6
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
Sylvia Ottemoeller wrote:
> "Jose" wrote in message
> news:8e4e392d.02102408-
> [email protected] ...
> > A friend of mine got in trouble and overstayed his B1 visa by four
> > months although he didn't mean to. He now wants to leave the US but is
> > afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> > and his 10-year visa cancelled. Does anyone know if his fears are
> > reasonable?
> The 3-year bar is triggered when the person stays more than 6 months after
> the expiration date on the I-94. The 10-year bar is triggered when the
> person stays more than 1 year after the I-94 expiration date. So if your
> friend leaves before the 6 month mark, she will not trigger the bars.
> However, she has already subjected herself to visa cancellation, by staying
> in the U.S. even one day beyond her authorized stay. Her visa is now
> cancelled, and she must apply for a new visa in her home country before she
> can re-enter the U.S. legally.
The expiry of the I-94 or other notification by an INS officer of out of
status situation.
> "Jose" wrote in message
> news:8e4e392d.02102408-
> [email protected] ...
> > A friend of mine got in trouble and overstayed his B1 visa by four
> > months although he didn't mean to. He now wants to leave the US but is
> > afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> > and his 10-year visa cancelled. Does anyone know if his fears are
> > reasonable?
> The 3-year bar is triggered when the person stays more than 6 months after
> the expiration date on the I-94. The 10-year bar is triggered when the
> person stays more than 1 year after the I-94 expiration date. So if your
> friend leaves before the 6 month mark, she will not trigger the bars.
> However, she has already subjected herself to visa cancellation, by staying
> in the U.S. even one day beyond her authorized stay. Her visa is now
> cancelled, and she must apply for a new visa in her home country before she
> can re-enter the U.S. legally.
The expiry of the I-94 or other notification by an INS officer of out of
status situation.
Oct 26th 2002, 3:51 am
#7
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
Yuri Victor wrote:
> > A friend of mine got in trouble and overstayed his B1 visa by four
> > months although he didn't mean to. He now wants to leave the US but is
> > afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> > and his 10-year visa cancelled. Does anyone know if his fears are
> > reasonable? Is there still a way by which he can extend his B1 visa
> > for a few more months in order to be able to leave "safely"?
> Your friend should:
> a) Fly out of US not leaving his I-94. It's possible to tell the airline
> that he lost it.
> b) Fedex I-94 to INS from abroad with explanatory letter that he left US
> in time and airline forgot to collect I-94. It really often forgets.
> And it will be all right.
> Yuri.
Again counselling lying to the INS - more people with crap for brains.
Remember there's a paper trail that your overstay leaves behind, and if
the INS have reason to thing you overstayed, it's not up to them to
prove you did, but up to you to prove you didn't! The one they expect is
a boarding pass ... Right! Now you've lied and been caught ... and now
you're on the road to a lifetime bar!
Smart idea there!
> > A friend of mine got in trouble and overstayed his B1 visa by four
> > months although he didn't mean to. He now wants to leave the US but is
> > afraid that doing so would trigger the 3-year (or is it 10-year?) ban
> > and his 10-year visa cancelled. Does anyone know if his fears are
> > reasonable? Is there still a way by which he can extend his B1 visa
> > for a few more months in order to be able to leave "safely"?
> Your friend should:
> a) Fly out of US not leaving his I-94. It's possible to tell the airline
> that he lost it.
> b) Fedex I-94 to INS from abroad with explanatory letter that he left US
> in time and airline forgot to collect I-94. It really often forgets.
> And it will be all right.
> Yuri.
Again counselling lying to the INS - more people with crap for brains.
Remember there's a paper trail that your overstay leaves behind, and if
the INS have reason to thing you overstayed, it's not up to them to
prove you did, but up to you to prove you didn't! The one they expect is
a boarding pass ... Right! Now you've lied and been caught ... and now
you're on the road to a lifetime bar!
Smart idea there!
Oct 26th 2002, 3:52 am
#8
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
zico wrote:
> Go to Canada or Mexico by land and fly out of there. They won't take
> your I-94 at the border. However, you need to get a visitor visa to
> either country depending on your nationality. You said your friend has
> 10-year multiple entry to U.S....so next time she enters they will issue
> her a new I-94.
> --
> Posted via http://britishexpats.com
And yet another idiot counselling lying to the INS!
> Go to Canada or Mexico by land and fly out of there. They won't take
> your I-94 at the border. However, you need to get a visitor visa to
> either country depending on your nationality. You said your friend has
> 10-year multiple entry to U.S....so next time she enters they will issue
> her a new I-94.
> --
> Posted via http://britishexpats.com
And yet another idiot counselling lying to the INS!
Oct 26th 2002, 4:17 am
#9
Just Joined
Joined: Oct 2002
Location: Phoenix, Arizona
Posts: 7
Not a smart idea to lie to the IN, they'll find out. (don't even think about it because I think they'll find out about that too) :-). Having recently gone through the same crisis, my lawyer strongly advised me against leaving the country. There is no overstay time limit on the ban....per my Immigration lawyer it is 10 years however long you stay over your B1 expiry date. Your friend would be wise to stay in the US unless she has no intentions of coming back any time soon!
Good Luck!
Good Luck!
Oct 26th 2002, 6:03 am
#10
Forum Regular
Joined: Oct 2002
Posts: 197
Mr. Brook,
You seem to be enjoying bashing everyone in these forums. Your posts are everywhere. What do you do for a living? A full-time forum editor
And above all, you are not even an American (you are Canadian..eh?) So why the heck do you care about someone lying to the INS or any U.S. organization for this matter. I got one advice for you, man: Get A Life!
You seem to be enjoying bashing everyone in these forums. Your posts are everywhere. What do you do for a living? A full-time forum editor
And above all, you are not even an American (you are Canadian..eh?) So why the heck do you care about someone lying to the INS or any U.S. organization for this matter. I got one advice for you, man: Get A Life!
Oct 26th 2002, 1:31 pm
#11
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
If your friend like to stay in USA, then he should stay even thought
his visa has expired.
There are alot of illegal people here. Its just that you will be
running around like a rat and you cannot do things legally.
Stay for a long time then you will get your amnesty.
On Fri, 25 Oct 2002 23:49:39 +0000 (UTC), "Yuri Victor"
wrote:
>> A friend of mine got in trouble and overstayed his B1 visa by four
>> months although he didn't mean to. He now wants to leave the US but is
>> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
>> and his 10-year visa cancelled. Does anyone know if his fears are
>> reasonable? Is there still a way by which he can extend his B1 visa
>> for a few more months in order to be able to leave "safely"?
>Your friend should:
>a) Fly out of US not leaving his I-94. It's possible to tell the airline
> that he lost it.
>b) Fedex I-94 to INS from abroad with explanatory letter that he left US
> in time and airline forgot to collect I-94. It really often forgets.
>And it will be all right.
>Yuri.
his visa has expired.
There are alot of illegal people here. Its just that you will be
running around like a rat and you cannot do things legally.
Stay for a long time then you will get your amnesty.
On Fri, 25 Oct 2002 23:49:39 +0000 (UTC), "Yuri Victor"
wrote:
>> A friend of mine got in trouble and overstayed his B1 visa by four
>> months although he didn't mean to. He now wants to leave the US but is
>> afraid that doing so would trigger the 3-year (or is it 10-year?) ban
>> and his 10-year visa cancelled. Does anyone know if his fears are
>> reasonable? Is there still a way by which he can extend his B1 visa
>> for a few more months in order to be able to leave "safely"?
>Your friend should:
>a) Fly out of US not leaving his I-94. It's possible to tell the airline
> that he lost it.
>b) Fedex I-94 to INS from abroad with explanatory letter that he left US
> in time and airline forgot to collect I-94. It really often forgets.
>And it will be all right.
>Yuri.
Oct 26th 2002, 4:25 pm
#12
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
zico wrote:
> Mr. Brook,
> You seem to be enjoying bashing everyone in these forums. Your
> posts are everywhere. What do you do for a living? A full-time
> forum editor And above all, you are not even an American (you
> are Canadian..eh?) So why the heck do you care about someone lying
> to the INS or any U.S. organization for this matter. I got one
> advice for you, man: Get A Life!
Why don't you take your own advice? Get a life. If you want advice on
how to break the law, you are in the wrong forum.
Fact is that there is absolutely no US immigration situation that can't
be made worse by lying about it.
Never lie to INS. Period. End of story.
> Mr. Brook,
> You seem to be enjoying bashing everyone in these forums. Your
> posts are everywhere. What do you do for a living? A full-time
> forum editor
And above all, you are not even an American (you> are Canadian..eh?) So why the heck do you care about someone lying
> to the INS or any U.S. organization for this matter. I got one
> advice for you, man: Get A Life!
Why don't you take your own advice? Get a life. If you want advice on
how to break the law, you are in the wrong forum.
Fact is that there is absolutely no US immigration situation that can't
be made worse by lying about it.
Never lie to INS. Period. End of story.
Oct 26th 2002, 4:28 pm
#13
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
zico wrote:
> Mr. Brook,
> You seem to be enjoying bashing everyone in these forums. Your
> posts are everywhere. What do you do for a living? A full-time
> forum editor And above all, you are not even an American (you
> are Canadian..eh?) So why the heck do you care about someone lying
> to the INS or any U.S. organization for this matter. I got one
> advice for you, man: Get A Life!
> --
> Posted via http://britishexpats.com
Looks like my initial assesment of you is correct! I don't bash
everyone in these forums if you took the time to look. But idiots who
counsel breaking the law and lying to the INS deserve everything they
get. Clearly my comments touched a little close to home.
Why does anyone care ? If they did, they wouldn't spend the time
answering ANY questions in these forums. My reasons include because I
don't want other people getting into trouble based on the advice of
fools like you!
I have one piece of advice for you ... Don't counsel people to break the
law or lie to authorities. Do you have liability insurance to cover
someone suing your pants off for your bad advice ?
> Mr. Brook,
> You seem to be enjoying bashing everyone in these forums. Your
> posts are everywhere. What do you do for a living? A full-time
> forum editor
And above all, you are not even an American (you> are Canadian..eh?) So why the heck do you care about someone lying
> to the INS or any U.S. organization for this matter. I got one
> advice for you, man: Get A Life!
> --
> Posted via http://britishexpats.com
Looks like my initial assesment of you is correct! I don't bash
everyone in these forums if you took the time to look. But idiots who
counsel breaking the law and lying to the INS deserve everything they
get. Clearly my comments touched a little close to home.
Why does anyone care ? If they did, they wouldn't spend the time
answering ANY questions in these forums. My reasons include because I
don't want other people getting into trouble based on the advice of
fools like you!
I have one piece of advice for you ... Don't counsel people to break the
law or lie to authorities. Do you have liability insurance to cover
someone suing your pants off for your bad advice ?
Oct 26th 2002, 8:55 pm
#14
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
Hi!
> > A friend of mine got in trouble and overstayed his B1 visa by four
> > months although he didn't mean to.
> What does that mean?
Thanks for your response (same for the others, too, who responded). My
friend was given false promises of a work permit by a relative who
took his passport (apparently to file documents with the INS) and
later on gave it back to him without having done anything. I don't
believe he wants to stay illegally in the US, but would want to be
able to return in the future (hence, he's trying to save his 10-year
visa).
As someone here has suggested, he's contemplating applying for a
visitor visa to Canada or Mexico, then returning to the US on a new
I-94. He's afraid, however, that he will not be granted a visitor visa
to either of these countries because of his current status. He also
said he was advised to just wait on the (new?) I-245 bill to be passed
(which he said he was told will be passed soon), which will save him
from being banned. I don't know of any such bill; and even if it
exists, I don't know if it will apply to him. Do you know anything
about it?
Jose
> > A friend of mine got in trouble and overstayed his B1 visa by four
> > months although he didn't mean to.
> What does that mean?
Thanks for your response (same for the others, too, who responded). My
friend was given false promises of a work permit by a relative who
took his passport (apparently to file documents with the INS) and
later on gave it back to him without having done anything. I don't
believe he wants to stay illegally in the US, but would want to be
able to return in the future (hence, he's trying to save his 10-year
visa).
As someone here has suggested, he's contemplating applying for a
visitor visa to Canada or Mexico, then returning to the US on a new
I-94. He's afraid, however, that he will not be granted a visitor visa
to either of these countries because of his current status. He also
said he was advised to just wait on the (new?) I-245 bill to be passed
(which he said he was told will be passed soon), which will save him
from being banned. I don't know of any such bill; and even if it
exists, I don't know if it will apply to him. Do you know anything
about it?
Jose
Oct 26th 2002, 9:44 pm
#15
Guest
Posts: n/a
Re: Overstayed a B1 visa by four months ---- want to leave the US.
"jim" wrote in message
news:276lru0riliilb88fgcboilf-
[email protected]...
> If your friend like to stay in USA, then he should stay even thought
> his visa has expired.
> There are alot of illegal people here. Its just that you will be
> running around like a rat and you cannot do things legally.
> Stay for a long time then you will get your amnesty.
Well that's one sleazy way of handling the problem. But we can always hope
that there won't be another amnesty, and that instead we will let another
person enter the U.S. legally for every illegal alien who is caught and
deported. That would be a more equitable, more just procedure.
news:276lru0riliilb88fgcboilf-
[email protected]...
> If your friend like to stay in USA, then he should stay even thought
> his visa has expired.
> There are alot of illegal people here. Its just that you will be
> running around like a rat and you cannot do things legally.
> Stay for a long time then you will get your amnesty.
Well that's one sleazy way of handling the problem. But we can always hope
that there won't be another amnesty, and that instead we will let another
person enter the U.S. legally for every illegal alien who is caught and
deported. That would be a more equitable, more just procedure.