Overstaying tourist visa

[balkanboy 7]

Hello All,

 

Please keep in mind that intention of my first post is not to ask for help or suggestion. For that reason, I do not care if my relative will ever again visit me.

As I mentioned earlier, I have had conversation with officers about the issue and I wanted to share their advice with you.

 

I learned that the case of my relative is not "once in a blue moon" and it is not the end of the world for someone who wants to enter the US using tourist visa (after overstaying for 1 day).

 

Balkanboy

 

[SusieQQQ 11,587]

16 minutes ago, WeGuyGal said:

Not necessarily. Bunch of my colleagues get visits from Indian parents/inlaws for 5.5 to 6 months. Not unusual at all to stretch a B-visit to the max

But as a % of total tourists, those staying to the max are a minority. As you point out, it's generally parents. As we've seen elsewhere on this forum, those who do it regularly sometimes run into problems trying to renew visas.

 

 

[Crazy Cat 42,244]

1 minute ago, balkanboy said:

Hello All,

 

Please keep in mind that intention of my first post is not to ask for help or suggestion. For that reason, I do not care if my relative will ever again visit me.

As I mentioned earlier, I have had conversation with officers about the issue and I wanted to share their advice with you.

 

I learned that the case of my relative is not "once in a blue moon" and it is not the end of the world for someone who wants to enter the US using tourist visa (after overstaying for 1 day).

 

Balkanboy

 

She will not be able to re-enter the US using the visa on which she overstayed.......It is possible she can get a new visa, but she has red flags which could cause a denial.....and those red flags could trigger a denial of entry even with a new visa.....book it!!

[WeGuyGal 1,052]

1 minute ago, SusieQQQ said:

But as a % of total tourists, those staying to the max are a minority. As you point out, it's generally parents. As we've seen elsewhere on this forum, those who do it regularly sometimes run into problems trying to renew visas.

Agreed

 

Some have genuine reasons, others just visit for 6 mos because they've spent considerable sums on a ticket and want max bang for the buck

[SusieQQQ 11,587]

10 minutes ago, WeGuyGal said:

 

Some have genuine reasons, others just visit for 6 mos because they've spent considerable sums on a ticket and want max bang for the buck

interesting story lol, only works if you have family you can stay with, because nowhere in the US does 6 months of food and lodging cost make up "bang for the buck" for airfare from anywhere   

[Roel 7,193]

19 minutes ago, balkanboy said:

Hello All,

 

Please keep in mind that intention of my first post is not to ask for help or suggestion. For that reason, I do not care if my relative will ever again visit me.

As I mentioned earlier, I have had conversation with officers about the issue and I wanted to share their advice with you.

 

I learned that the case of my relative is not "once in a blue moon" and it is not the end of the world for someone who wants to enter the US using tourist visa (after overstaying for 1 day).

 

Balkanboy

 

That's a little rude. And as I've seen on this website, border officers have been wrong before. 

 

Also it is the end of the world to some people because after overstaying they usually have 0 chances to get another tourist visa. 

[Boiler 46,084]

A one day overstay by itself is not a major issue, and someone who has been here for that long is unlikely to be looking to return any time soon.

 

I would wait until a next trip is planned before applying.

[SusieQQQ 11,587]

Wasn't there recently someone on another thread who had a similar kind of one day overstay and then applied for K1 or CR1 or something and it ended up delaying the whole thing for months on end?

[Going through 5,671]

15 hours ago, balkanboy said:

When we found that all other international flights are booked, we went to airports immigration office (in waiting area).

I explained her situation and at first officers were not nice, asking why she waited the last day, etc.

When I asked is it possible to extend her stay for one more day, they said that they cannot do that.

When I asked what will happen at POE when she travels to the US next time, I was told that she basically overstayed her visa, but because it is only one day it depends on officer at POE if she will be admitted.

The gentleman was describing that if the officer will admit her to the US at that point depends on factors like if he had good or bad morning coffee that day.

 

At the end, he gave us suggestion. He said that once you go back to your country, go to the US consulate and explain what happened. They (US consulate personnel) have power to void previous visa which will void overstay and issue new tourist visa.

 

No they won't do that.

 

Sounds like the person who said that either had no clue what they were talking about, or was just trying to end the conversation to stop you from asking more questions/repeated questions.

[JFH 12,191]

14 hours ago, balkanboy said:

For that reason, I do not care if my relative will ever again visit me.

 

 

 

 

So, this relative cares enough to leave their home for 6 months, put their job on hold (assuming they had one), spent a lot of money on a plane ticket and you "don't care" if they never comeback to visit you again. Charming! But that has solved the problem of possible future denials. 

[milimelo 4,554]

Is this your wife that overstayed?

[balkanboy 7]

1 hour ago, milimelo said:

Is this your wife that overstayed?

No, it is not my wife.

 

Balkanboy

[Springrain22 427]

16 hours ago, balkanboy said:

Hmmmm...

 

I am not sure what to say, so I will answer this question by asking another question:

 

If someone gives you permission to stay 6 months (and to my knowledge, they usually stamp passports with 6 months), why it is unusual to stay 6 months?

 

Balkanboy

Dude, you can't LIVE in the US with a tourist visa. You can only visit. This has been discussed thousand times. If they gave a permission to stay (UP to) 6 months it does not mean she can stay 6 months without any red flags raised.

Edited March 15, 2018 by Springrain22

[balkanboy 7]

2 hours ago, Springrain22 said:

Dude, you can't LIVE in the US with a tourist visa. You can only visit. This has been discussed thousand times. If they gave a permission to stay (UP to) 6 months it does not mean she can stay 6 months without any red flags raised.

Yes, I agree.

However, if you stay 6 months and make sufficiently large gap (at least 6 months, preferably one year), on your next visit, there should be no problem.

What is interesting is that kind of "opposite" situation holds for green card. They do not want you to use green card in such way that you spend more than 6 month outside the US.

I was a witness of situation where some Indian couple was grilled by immigration officer at POE , because they were using GC as "visa-free" tool.

IO told them that it is not purpose of GC and he let them go with the warning...

 

Balkanboy

 

[Going through 5,671]

18 hours ago, balkanboy said:

If someone gives you permission to stay 6 months (and to my knowledge, they usually stamp passports with 6 months), why it is unusual to stay 6 months?

It's kind of like going to a store.

 

The store is open from 8am and closes at 9pm.

 

You have permission to enter the store and shop anywhere between those two times.

 

It would be unusual and uncommon to stay in the store from 8am straight through until the 9pm closing.