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kevdman

Air travel on overstayed visa

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Filed: F-2A Visa Country: Nepal
Timeline

Usually in domestic travels, They just look at the name on the ID (passport in your friend’s case) and the bording pass to make sure they match. They don’t look for status or visa stuffs.

 

However, we are at a time when even American citizens are being detained for speaking spanish with the suspicion that they are illegals. So if your fren happens to encounter a similar TSA agent, it’s gonna be a problem.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Germany
Timeline

Is it safe to travel domestically? Most likely, but there will always be a risk.

 

There are no gray areas when it comes to violating the terms of your visa, she overstayed her visa which automatically voided it.

 

 

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Filed: F-2A Visa Country: Nepal
Timeline

Both of your statements listed below are not correct and when people pointed that out you are blaming them as judgmental and want to end the conversation!! 

 

13 hours ago, kevdman said:

The visa is not expired and she is in good standing otherwise.  

The visa is expired technically and she is not in good standing.

2 hours ago, kevdman said:

All I meant when I indicated her visa was in otherwise good standing was that her visa is current and she had complied with all the other conditions of the visa.

Her visa is not current and she has now not complied with the conditions of the visa.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Timeline
1 minute ago, arken said:

Both of your statements listed below are not correct and when people pointed that out you are blaming them as judgmental and want to end the conversation!! 

 

The visa is expired technically and she is not in good standing.

Her visa is not current and she has now not complied with the conditions of the visa.

The visa is not "expired technically."  It has been legally void under US laws.  It did not expire; it automatically became void once she overstayed as a matter of law.  It is not technically.

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Maybe he just doesn’t believe us? Here is an official State Department page on this:

 

It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

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Filed: K-1 Visa Country: Ukraine
Timeline
13 hours ago, kevdman said:

Hi Group  I have a good friend who wants to travel from state to state via air.  The problem is she has overstayed her s months limit on her 10 year tourist visa. The visa is not expired and she is in good standing otherwise.   Is she save going through TSA at airports for domestic travel in the USA?

Thanks much

Good luck. Airports are not the only places they check for valid immigration paperwork. I live in rural Alabama and we have CBP running around here and stopping people. No borders here! The sherriff once stopped my cousin, who had a valid GC and still verified it against ICE database or something. They dint detain him, but still....

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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30 minutes ago, Alabamak1 said:

Good luck. Airports are not the only places they check for valid immigration paperwork. I live in rural Alabama and we have CBP running around here and stopping people. No borders here! The sherriff once stopped my cousin, who had a valid GC and still verified it against ICE database or something. They dint detain him, but still....

Indeed. Speaking Spanish at the gas station can also raise eyebrows of CBP officers in Montana. (They do have a border, but with Canada....)

 

https://www.nbcnews.com/news/latino/border-patrol-agent-detains-women-speaking-spanish-montana-gas-station-n876096

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Filed: K-1 Visa Country: Ukraine
Timeline
1 minute ago, SusieQQQ said:

Indeed. Speaking Spanish at the gas station can also raise eyebrows of CBP officers in Montana. (They do have a border, but with Canada....)

 

https://www.nbcnews.com/news/latino/border-patrol-agent-detains-women-speaking-spanish-montana-gas-station-n876096

funny you just mention this post, because i happen to see it on FB 5 minutes ago. Those where US born citizens. Not even naturalized.

Edited by Alabamak1

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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Filed: K-1 Visa Country: Wales
Timeline

Before I2US closed down this was a subject that would come up, certainly does happen that people are picked up at Airports, no idea what will happen in this case, as Clint said Do you feel Lucky?

 

Well do you?

 

Always intrigued on how these issue fit in the VJ ToS, well beyond my ken.

 

 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: Costa Rica
Timeline
2 hours ago, TNJ17 said:

It doesn’t matter if her visa is valid for 10 years or 20. If she spent more time than she was awarded at port of entry, ie the date on her most recent I-94, she’s illegally staying in the US and subject to deportation if caught. Also, her visa isn’t intact. It’s been voided the minute she overstayed, so she’s not in good standing. Traveling domestically doesn’t put you through immigration, but you never know what can happen with the current White House administration. 

Thank you.  I'm totally clear on the visa limitations and conditions.  I merely wanted to know if she could fly domoetically using her native country passportl  Thanks again.

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5 minutes ago, kevdman said:

Thank you.  I'm totally clear on the visa limitations and conditions.  I merely wanted to know if she could fly domoetically using her native country passportl  Thanks again.

Yes, she can. She bears the risk of getting detained, just as anybody not in the country legally does when they fly or use public transit.

 

I suggest re-reading the TOS you agreed to upon joining this site. Your "rights" to post whatever you want do not exist on a private site. Only posts in accordance with the TOS are permitted.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Costa Rica
Timeline
2 hours ago, bswt2 said:

Is it safe to travel domestically? Most likely, but there will always be a risk.

 

There are no gray areas when it comes to violating the terms of your visa, she overstayed her visa which automatically voided it.

 

 

Best advice thus far.  I really appreciate it. 

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Filed: Other Country: Costa Rica
Timeline
2 hours ago, Alabamak1 said:

Good luck. Airports are not the only places they check for valid immigration paperwork. I live in rural Alabama and we have CBP running around here and stopping people. No borders here! The sherriff once stopped my cousin, who had a valid GC and still verified it against ICE database or something. They dint detain him, but still....

Very good advice.  Thanks much.

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3 minutes ago, kevdman said:

Thank you.  I'm totally clear on the visa limitations and conditions.  I merely wanted to know if she could fly domoetically using her native country passportl  Thanks again.

All the corrections and clarifications are not a personal attack, this forum is a place to learn and any misleading information have to be corrected over and over so others  don't get confused.

Now you are clear that she doesn't have a visa anymore despite if she goes back home now, she violated the conditions (all of them) the minute that her authorized stay expired.

She is free to travel domestically by air but the risk is always there, with this new administration there's risk even walking on the street.

 

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