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balkanboy

Overstaying tourist visa

By balkanboy in Tourist Visas

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
1 hour ago, balkanboy said:

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. True, CBP has been known to grill gc holders even if they spend less time overseas; I know someone who was grilled when returning to the US on day 179. 

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... Indian nationals are known to push the envelope, both on long overseas stays on a green card, and lengthy US stays, including extensions on a tourist visa. 

 

Balkanboy

 

 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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WeGuyGal
WeGuyGal

Never leave anything till the last minute.. precisely for such reasons. 

Crazy Cat
Crazy Cat

There is no "Act of God" provision in the overstay rule. If this was a VWP visit, that privilege is now lost forever.....and I'm sure he/she will not receive a tourist visa for some time.  Bottom line

geowrian
geowrian

If you mean 6 months being stamped on the I-94, that's not uncommon. It's far from guaranteed, but not unusual. Staying that long is definitely a sign that you don't have strong ties abroad, which add

SusieQQQ Grand Master

SusieQQQ   11,587

Posted
Filed: Citizen (apr) Timeline
Posted
5 hours ago, balkanboy said:

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

 

I find it interesting that you use the term “interesting”, when it’s perfectly logical. Tourist visa is for visits, you should be spending far less time in than out. Green card is for residing, you should be spending far more time in than out.

Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)
6 hours ago, WeGuyGal said:

True, CBP has been known to grill gc holders even if they spend less time overseas; I know someone who was grilled when returning to the US on day 179. 

Heck....I was grilled when returning to the US from Canada on day 60.  :unsure:

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

 
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