Overstaying a Visa?
Dec 7th 2002, 12:05 pm
#1
Guest
Posts: n/a
Overstaying a Visa?
If one has a visitor visa to the USA that expired on Wednesday and airline
tickets to leave the country on Tuesday, what happens when the airline cancels
the flight due to bad weather and is unable to rebook these people until
Friday? Will the INS let the 2 day overstay "slide" if the people can show
their original airline ticket for Tuesday and thus the "intent" to leave? Or
will they still be penalized?
tickets to leave the country on Tuesday, what happens when the airline cancels
the flight due to bad weather and is unable to rebook these people until
Friday? Will the INS let the 2 day overstay "slide" if the people can show
their original airline ticket for Tuesday and thus the "intent" to leave? Or
will they still be penalized?
Dec 7th 2002, 5:22 pm
#2
Guest
Posts: n/a
Re: Overstaying a Visa?
"AftonOkla" wrote in message
news:[email protected]...
> If one has a visitor visa to the USA that expired on Wednesday and airline
> tickets to leave the country on Tuesday, what happens when the airline
cancels
> the flight due to bad weather and is unable to rebook these people until
> Friday? Will the INS let the 2 day overstay "slide" if the people can show
> their original airline ticket for Tuesday and thus the "intent" to leave?
Or
> will they still be penalized?
If your I-94 card expires on Wednesday, leaving on Wednesday is still okay.
I know of a situation where the person tried to board the plane the day
after the status expired, thinking that the visa expiration date was the
authorized period of stay.
She was out of status, but the airline officials let her go. The
alternative would be to put her into deportation proceedings, which could
take several years.
But overstaying even one day means that you are not eligible for adjustment
of status in the future and you cannot travel to Mexico and Canada for H-1
renewals.
I would go to INS and apply for an emergency extension seeing as how this
occurs in the middle of the week. Once inside, ask to speak to the officer
of the day or a supervisor.
Lila
news:[email protected]...
> If one has a visitor visa to the USA that expired on Wednesday and airline
> tickets to leave the country on Tuesday, what happens when the airline
cancels
> the flight due to bad weather and is unable to rebook these people until
> Friday? Will the INS let the 2 day overstay "slide" if the people can show
> their original airline ticket for Tuesday and thus the "intent" to leave?
Or
> will they still be penalized?
If your I-94 card expires on Wednesday, leaving on Wednesday is still okay.
I know of a situation where the person tried to board the plane the day
after the status expired, thinking that the visa expiration date was the
authorized period of stay.
She was out of status, but the airline officials let her go. The
alternative would be to put her into deportation proceedings, which could
take several years.
But overstaying even one day means that you are not eligible for adjustment
of status in the future and you cannot travel to Mexico and Canada for H-1
renewals.
I would go to INS and apply for an emergency extension seeing as how this
occurs in the middle of the week. Once inside, ask to speak to the officer
of the day or a supervisor.
Lila
Dec 8th 2002, 2:18 am
#3
Guest
Posts: n/a
Re: Overstaying a Visa?
"lilakay" wrote in message
news:[email protected]...
> "AftonOkla" wrote in message
> news:[email protected]...
> > If one has a visitor visa to the USA that expired on Wednesday and
airline
> > tickets to leave the country on Tuesday, what happens when the airline
> cancels
> > the flight due to bad weather and is unable to rebook these people until
> > Friday? Will the INS let the 2 day overstay "slide" if the people can
show
> > their original airline ticket for Tuesday and thus the "intent" to
leave?
> Or
> > will they still be penalized?
> >
> >
> >
> If your I-94 card expires on Wednesday, leaving on Wednesday is still
okay.
> I know of a situation where the person tried to board the plane the day
> after the status expired, thinking that the visa expiration date was the
> authorized period of stay.
> She was out of status, but the airline officials let her go. The
> alternative would be to put her into deportation proceedings, which could
> take several years.
> But overstaying even one day means that you are not eligible for
adjustment
> of status in the future and you cannot travel to Mexico and Canada for H-1
> renewals.
> I would go to INS and apply for an emergency extension seeing as how this
> occurs in the middle of the week. Once inside, ask to speak to the
officer
> of the day or a supervisor.
> Lila
I should have said that overstaying by one day MAY affect your ability to
adjust status. Obviously in employment based applications, a person would
still be eligible to adjust status as long as they did not violate their
status for more than 180 days since their last entry. This is 245(k). Then
there is 245(i) which could apply in some family based petitions, where you
could file AOS by paying a $1000 penalty. Obviously, if a US citizen spouse
were petitioning for you, the time spent in unlawful status does not render
you ineligible for AOS.
I could go on. Just try not to fall out of status.
Lila
news:[email protected]...
> "AftonOkla" wrote in message
> news:[email protected]...
> > If one has a visitor visa to the USA that expired on Wednesday and
airline
> > tickets to leave the country on Tuesday, what happens when the airline
> cancels
> > the flight due to bad weather and is unable to rebook these people until
> > Friday? Will the INS let the 2 day overstay "slide" if the people can
show
> > their original airline ticket for Tuesday and thus the "intent" to
leave?
> Or
> > will they still be penalized?
> >
> >
> >
> If your I-94 card expires on Wednesday, leaving on Wednesday is still
okay.
> I know of a situation where the person tried to board the plane the day
> after the status expired, thinking that the visa expiration date was the
> authorized period of stay.
> She was out of status, but the airline officials let her go. The
> alternative would be to put her into deportation proceedings, which could
> take several years.
> But overstaying even one day means that you are not eligible for
adjustment
> of status in the future and you cannot travel to Mexico and Canada for H-1
> renewals.
> I would go to INS and apply for an emergency extension seeing as how this
> occurs in the middle of the week. Once inside, ask to speak to the
officer
> of the day or a supervisor.
> Lila
I should have said that overstaying by one day MAY affect your ability to
adjust status. Obviously in employment based applications, a person would
still be eligible to adjust status as long as they did not violate their
status for more than 180 days since their last entry. This is 245(k). Then
there is 245(i) which could apply in some family based petitions, where you
could file AOS by paying a $1000 penalty. Obviously, if a US citizen spouse
were petitioning for you, the time spent in unlawful status does not render
you ineligible for AOS.
I could go on. Just try not to fall out of status.
Lila
Dec 21st 2002, 3:38 pm
#4
Guest
Posts: n/a
Re: Overstaying a Visa?
"AftonOkla" wrote in message
news:[email protected]...
> If one has a visitor visa to the USA that expired on Wednesday and airline
> tickets to leave the country on Tuesday, what happens when the airline
cancels
> the flight due to bad weather and is unable to rebook these people until
> Friday? Will the INS let the 2 day overstay "slide" if the people can show
> their original airline ticket for Tuesday and thus the "intent" to leave?
Or
> will they still be penalized?
Yes the INS would let them "slide", because they are unintentionally
overstaying due to technical reasons beyond their control.
news:[email protected]...
> If one has a visitor visa to the USA that expired on Wednesday and airline
> tickets to leave the country on Tuesday, what happens when the airline
cancels
> the flight due to bad weather and is unable to rebook these people until
> Friday? Will the INS let the 2 day overstay "slide" if the people can show
> their original airline ticket for Tuesday and thus the "intent" to leave?
Or
> will they still be penalized?
Yes the INS would let them "slide", because they are unintentionally
overstaying due to technical reasons beyond their control.
Dec 21st 2002, 6:07 pm
#5
Guest
Posts: n/a
Re: Overstaying a Visa?
"James Donovan" wrote in
news:[email protected]:
>
> "AftonOkla" wrote in message
> news:[email protected]...
>> If one has a visitor visa to the USA that expired on
>> Wednesday and airline tickets to leave the country on
>> Tuesday, what happens when the airline cancels the flight
>> due to bad weather and is unable to rebook these people
>> until Friday? Will the INS let the 2 day overstay "slide"
>> if the people can show their original airline ticket for
>> Tuesday and thus the "intent" to leave? Or will they still
>> be penalized?
>
> Yes the INS would let them "slide", because they are
> unintentionally overstaying due to technical reasons beyond
> their control.
>
>
>
Unless they are Iranians. Then INS would chain them together and
jail them as terrorists.
The action of master of democracy! (the-mockery-see)
news:[email protected]:
>
> "AftonOkla" wrote in message
> news:[email protected]...
>> If one has a visitor visa to the USA that expired on
>> Wednesday and airline tickets to leave the country on
>> Tuesday, what happens when the airline cancels the flight
>> due to bad weather and is unable to rebook these people
>> until Friday? Will the INS let the 2 day overstay "slide"
>> if the people can show their original airline ticket for
>> Tuesday and thus the "intent" to leave? Or will they still
>> be penalized?
>
> Yes the INS would let them "slide", because they are
> unintentionally overstaying due to technical reasons beyond
> their control.
>
>
>
Unless they are Iranians. Then INS would chain them together and
jail them as terrorists.
The action of master of democracy! (the-mockery-see)
