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Forced Overstay...

Forced Overstay...

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Old Jun 26th 2009, 3:58 pm
  #1  
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Default Forced Overstay...

My father-in-law has had heart problems that materialized here in the USA on Wednesday. He's been hospitalized and the cardiologist has said he currently cannot fly, and certainly not least for a week. He was due to come back Sunday (89th day) so he'll be an overstay!

Thankfully, Travel Insurance was all current and good (he's NEVER had heart issues ever before ).

I am not sure if I have to contact Immigration or where even to start. Chances are he's not ever coming back to USA now anyway (Age and ability to now get insurance might be slim to zero).

Cheers.
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Old Jun 26th 2009, 4:03 pm
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Default Re: Forced Overstay...

Originally Posted by franc111s
My father-in-law has had heart problems that materialized here in the USA on Wednesday. He's been hospitalized and the cardiologist has said he currently cannot fly, and certainly not least for a week. He was due to come back Sunday (89th day) so he'll be an overstay!

Thankfully, Travel Insurance was all current and good (he's NEVER had heart issues ever before ).

I am not sure if I have to contact Immigration or where even to start. Chances are he's not ever coming back to USA now anyway (Age and ability to now get insurance might be slim to zero).

Cheers.
I don't know the answer, but I hope it all works out OK.
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Old Jun 26th 2009, 4:03 pm
  #3  
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Default Re: Forced Overstay...

Originally Posted by franc111s
My father-in-law has had heart problems that materialized here in the USA on Wednesday. He's been hospitalized and the cardiologist has said he currently cannot fly, and certainly not least for a week. He was due to come back Sunday (89th day) so he'll be an overstay!

Thankfully, Travel Insurance was all current and good (he's NEVER had heart issues ever before ).

I am not sure if I have to contact Immigration or where even to start. Chances are he's not ever coming back to USA now anyway (Age and ability to now get insurance might be slim to zero).

Cheers.
I don't think you need to contact anyone. He will return home when he is able to travel, and will not be able to use the VWP again.

Hope he gets better soon!

Rene
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Old Jun 26th 2009, 4:17 pm
  #4  
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Default Re: Forced Overstay...

I don't know whether your father would be able to get a letter, on hospital notepaper, from the doctor explaining why he had overstayed.
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Old Jun 26th 2009, 4:19 pm
  #5  
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Default Re: Forced Overstay...

Originally Posted by joto
I don't know whether your father would be able to get a letter, on hospital notepaper, from the doctor explaining why he had overstayed.
That's probably a good idea. Just in case your dad wants to return again, leaves the door open for a pretty solid B visa application. I'd hang on to every piece of paper, and anything to say he couldn't fly would be great.

Best of luck.
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Old Jun 26th 2009, 4:28 pm
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Default Re: Forced Overstay...

As said, sorry to hear about your father, but a B-visa is something positive to come out of it I believe.
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Old Jun 26th 2009, 4:38 pm
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Default Re: Forced Overstay...

Sorry about your Dad's current situation.
In regards to the expiration of his visa, you will need to get a solicitor and they can assist in extending the visa from immigration. Normally the extension might not come back asap infact you Dad would probably be back in England before the extension come back approved. Doing this will enable him come back as VWP instead of applying at the embassy for a B-visa. Extension of visa is not that expensive, say in the range of about $500 or thereabout inclusive of solicitor's fee.

Wishing your Dad speedy recovery.
Cheers.
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Old Jun 26th 2009, 4:51 pm
  #8  
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Default Re: Forced Overstay...

Get a note from the doctor saying it is unsafe for him to travel on the day of his ticket. This should go in your file with other documentation just in case. Doctors frequently are asked to write these notes for just this sort of thing.
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Old Jun 26th 2009, 4:53 pm
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Default Re: Forced Overstay...

Originally Posted by dbnull
Sorry about your Dad's current situation.
In regards to the expiration of his visa, you will need to get a solicitor and they can assist in extending the visa from immigration. Normally the extension might not come back asap infact you Dad would probably be back in England before the extension come back approved. Doing this will enable him come back as VWP instead of applying at the embassy for a B-visa. Extension of visa is not that expensive, say in the range of about $500 or thereabout inclusive of solicitor's fee.

Wishing your Dad speedy recovery.
Cheers.
he doesn't have a visa!
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Old Jun 26th 2009, 4:59 pm
  #10  
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Default Re: Forced Overstay...

Originally Posted by dbnull
Sorry about your Dad's current situation.
In regards to the expiration of his visa, you will need to get a solicitor and they can assist in extending the visa from immigration. Normally the extension might not come back asap infact you Dad would probably be back in England before the extension come back approved. Doing this will enable him come back as VWP instead of applying at the embassy for a B-visa. Extension of visa is not that expensive, say in the range of about $500 or thereabout inclusive of solicitor's fee.

Wishing your Dad speedy recovery.
Cheers.
The VWP cannot be extended.
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Old Jun 26th 2009, 5:00 pm
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Default Re: Forced Overstay...

That's true, I totally forgot that he did not come with a visa but the Visa Waiver program. The letter from the hospital/doctor will suffice then and can be presented in the event of an interview.
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Old Jun 26th 2009, 5:32 pm
  #12  
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Default Re: Forced Overstay...

Originally Posted by Noorah101
The VWP cannot be extended.
Actually, you can get an extension (even for VWP) for about this emergency only purpose. I just don't know what the actual process is. Once I research and find out, I will let you know. I was thinking it was quite common and someone here would therefore know. I'd love to see the press if they did turn back an 87 year old at the Airport

Still, I think it's mute but it keeps me distracted from thinking about the alternative for my wife

Cheers.
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Old Jun 26th 2009, 6:47 pm
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Default Re: Forced Overstay...

Originally Posted by Noorah101
The VWP cannot be extended.
I think you are maybe taking a bit of a too firm line with that, given the circumstances. We know they are very unflexible, but I'd be completely blown over if that turns out to be the case here. There's probably no more of a pressing reason for extenuating circumstances - it's a true emergency and he's medically certified not fit for travel. To say he'd subsequently be denied a Visa Waiver flat out because of this seems a bit off-base.

Franc111s, hope he gets well soon!
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Old Jun 26th 2009, 8:01 pm
  #14  
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Default Re: Forced Overstay...

Originally Posted by franc111s
Actually, you can get an extension (even for VWP) for about this emergency only purpose. I just don't know what the actual process is. Once I research and find out, I will let you know. I was thinking it was quite common and someone here would therefore know. I'd love to see the press if they did turn back an 87 year old at the Airport

Still, I think it's mute but it keeps me distracted from thinking about the alternative for my wife

Cheers.

You're post does not make sense. Why would the UK turn back one of its own citizens when they attempt to enter their own country.

The airline would not refuse a passenger with a valid ticket and a valid passport to the country they are going to.

Please explain? Unless you are kidding around and say that the US would NOT allow him to leave. If that is the case ...
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Old Jun 26th 2009, 8:03 pm
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Default Re: Forced Overstay...

Originally Posted by Dan725
I think you are maybe taking a bit of a too firm line with that, given the circumstances. We know they are very unflexible, but I'd be completely blown over if that turns out to be the case here. There's probably no more of a pressing reason for extenuating circumstances - it's a true emergency and he's medically certified not fit for travel. To say he'd subsequently be denied a Visa Waiver flat out because of this seems a bit off-base.

Franc111s, hope he gets well soon!

He would not be able to get another ESTA when it is noted he was late in leaving the US on the last visit. He would have to go to the US Consulate with proof of a medical reason why he could not leave within the time frame noted in his passport. So her answer is correct ... he wold be denied flat out and would have to appeal the decision.
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